07/01/2025
High Court Orders Stay of Proceedings in Kuteh Jonbul Football Club vs. URRFA Dispute
By Kexx News
The High Court presided over by Justice Adenike J. Coker (Mrs.), has ordered a stay of proceedings in the case of KUTEH Junbulu FC & 3 others vs. Upper River Region Football Association (URR-FA). The ruling directs the applicants to pursue internal dispute resolution mechanisms as outlined in the URRFA Constitution before continuing with the court action.
The case, filed under Misc application, involves Kuteh Jonbul Football Club, Niomuta United Football Club, Briffu Football Club, and Tabanding Football Club as applicants, challenging their expulsion from the Third Division League and other football activities by the URR-FA.
The Upper River Regional Football Association (URRFA), represented by Counsel M.L. Sanneh and A. Fatty, sought a stay of proceedings, arguing that the applicants failed to exhaust internal dispute resolution remedies as mandated by the constitutions of the URR-FA, the Gambia Football Federation (GFF), and FIFA Statutes.
They contended that the court action was premature and that the court should decline jurisdiction at this stage to allow the parties to utilise appropriate internal ADR remedies.
The applicants, represented by Counsel A. Mendy holding brief for Counsel Junkung Jobarteh, opposed the stay, asserting that their recourse to the court was due to being denied an opportunity to explore internal ADR options after their expulsion. He argued that the URRFA refused them audience, stating they were no longer members and thus could not trigger the internal provisions.
Justice Coker acknowledged that while the court generally upholds agreements to use arbitration or ADR options before resorting to litigation, the unique circumstances of the case are that the respondents were expelled and denied access to internal remedies, which warranted consideration.
However, Justice Coker also affirmed that the "ubi jus ibi remedium" principle (where there is a right, there is a remedy) came into play.
Ultimately, Justice Coker determined that the order for a stay of proceedings was to enable the Respondents to comply with and have recourse to the internal dispute resolution clauses in the Applicant body's Constitution.
Justice Coker further emphasised that the aggrieved parties, even though expelled, must be considered members to trigger the clauses.
The ruling also addressed a pending application for interlocutory injunction filed by the respondents, which sought to restrain the URR-FA from taking steps to continue with the Third Division League 2024/2025 and from holding its Elective Congress.
Justice Coker stated that the injunction must be preserved pending the determination of the main suit. The case adjourned, with the return date after vacation October 14, 2025, at 10:30 AM.
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