Slingerz, Alpha re-file court action against GFF in League matter

Oct 17, 2017 Sports

The matter in the High Court involving the Claimants, Slingerz Football Cub and Alpha United Football Club and the Defendant, the Guyana Football Federation came up for hearing yesterday.
According to a legal source, the matter came up before the Honorable Madam Justice Priya Sewnarine-Beharry.
There were two applications before Justice Sewnarine-Beharry. (i) An Application to amend the Statement of Claim filed by the Claimants, and (ii) An Application to Strike out the Statement of Claim field by the Claimants.
The Claimants had initially filed the matter as “Alpha United and Slingerz Football Club”. The Defendant took a preliminary point in its application to strike, that the Claimants were “unincorporated associations” and therefore had no legal standing to file the court action. The Claimants as a result filed and made an application to amend the Statement of Claim to change the capacity in which they would have filed the action.
As such in their application to amend the statement of claim, the Claimants would have filed the Action as “Collin Aaron representative of the Slingerz FC” and Odinga Lumumba representative of the Alpha United Football Club.” This is permissible pursuant to Civil Procedure Rules 2016 (CPR) Part 20.01(1) and Part 20.02(2).
However, the Court did not accept this argument and accepted the arguments of the Defendant that the Claimants suing in the name of the clubs had no standing to file the court Action as the initial filing was defective.
This effective did two things:
(i) allowed the injunction grated on May 26, 2017 to be discharged thus paving the way for the GFF to pay the winner of the last Elite League Competition; and
(ii) striking out the statement of claim as filed with the names of the clubs as the parties.
However, this does not mean that the clubs cannot refile the Statement of claim, which in fact was done immediately after the decision of Justice Sewnarine-Beharry. Because the matter was decided on a preliminary point of law the substantive cause of action for breach of contract still remains to be pursued by the clubs.
The clubs to exercise this right of action have simply refiled the Statement of Claim with the parties now being “Collin Aaron representative of the Slingerz FC” and Odinga Lumumba representative of the Alpha United Football Club as the Claimants.”
The Guyana Football Federation now has 28 days to file a Defence to the Statement of Claim before the matter is set for trial by a Judge in 14 days time.

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Slingerz, Alpha re-file court action against GFF in League matter

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