FIFA’s Dispute Resolution Chamber ruled in favour of Singano and ordered TP Mazembe to pay him $585,000, equivalent to over Sh1.57 billion.
Dar es Salaam. Tanzania’s High Court has rejected the request by Tout Puissant Mazembe Englebert (TP Mazembe) a club from the Democratic Republic of Congo (DRC) to issue an order to freeze over Sh1.5 billion belonging to a Tanzanian player Ramadhan Singano.
The decision was made on August 16, 2024, by Judge Arnold Kirekiano, who stated that issuing an order to freeze the funds would be equivalent to obstructing court processes, which the applicant has already reasonably adhered to by respecting the law.
On July 11, 2019, the Tanzanian player, former Simba SC prodigy Ramadhani Singano Yahaya, signed to play for TP Mazembe.
However, the contract was later terminated, prompting him to approach the International Football Federation (FIFA) to claim his rights.
FIFA’s Dispute Resolution Chamber ruled in favour of Singano and ordered TP Mazembe to pay him $585,000, equivalent to over Sh1.57 billion.
This amount was for compensation due to the breach of the contract, salaries, arrears, and interest, and the player was set to execute FIFA’s decision with the payment date set for August 15, 2024.
To comply with FIFA’s award, TP Mazembe in its application number 19685 of 2024 instructed its bank to transfer the funds to the player’s account at NMB PLC located at Bank House, Dar es Salaam.
Case of billions in dispute
On the other hand, TP Mazembe claims there was forgery and a criminal case was filed against the player in the High Court of Lubumbashi in Haut-Katanga Province, DRC, where the team claims to have won the case.
In its affidavit, the team states that the High Court of Lubumbashi awarded it $650,000, equivalent to Sh1.75 billion, as compensation for damages caused by the player and legal costs.
The Judge said it was important to note that the applicant in this request (TP Mazembe) is pushing for the enforcement of the Lubumbashi Court award through application number RC35507 of 2024 filed in the High Court of Lubumbashi, DRC.
Thus, in its application number 19685 of 2024 submitted to the High Court of Tanzania, TP Mazembe requested a temporary injunction to prevent the Tanzanian player from withdrawing 585,000 from his account at NMB PLC.
TP Mazembe sought an order to freeze the funds in the account under the name 'Ramadhan Yahaya Singano' while awaiting the hearing and decision on their application number 19536 of 2024 to register the Lubumbashi Court award.
TP Mazembe’s argument
When the application was called for an ex parte hearing before Judge Kirekiano on August 15, 2024, lawyers Ferdinand Makore and Kulwa Shilemba relied on an affidavit by Kalomba Eid Solomon from TP Mazembe.
The lawyers informed the court that the applicant in the case, TP Mazembe, had already instructed its bank in Lubumbashi to transfer $585,000 to the player’s bank account at NMB PLC.
According to their arguments, if the funds are not frozen, the player will be released while TP Mazembe has a court award in Lubumbashi through case number RC35507 of 2024, where the court ordered them to be paid $650,000.
Judge Kirekiano’s Ruling
In his ruling on August 16, 2024, Judge Kirekiano stated that he reviewed TP Mazembe’s application and affidavit and observed that there are two conflicting disputes being held in two different jurisdictions.
Judge Kirekiano said that the applicants, TP Mazembe, want the $650,000 award they obtained after winning the case in the High Court of Lubumbashi through case number RC35507 to be registered in the High Court of Tanzania.
“The applications concern the funds used to implement FIFA’s decision, which the applicant executed by paying the respondent $585,000,” said the Judge in his ruling, adding that:
“This means that, on one hand, the applicant (TP Mazembe) has respected and implemented FIFA’s order, but on the other hand, they want to freeze the $585,000 they have transferred.”
The Judge noted that there are disputable issues against the respondent (Suzana). Following the applicant’s request, it seems to be against the bank holding Suzana’s funds and not Suzana herself.
Quoting the application, the Judge said, “The order (request) for a temporary injunction to prevent the respondent bank (Suzana) from allowing the release of $585,000 held at NMB PLC Dar es Salaam, Tanzania in the name of Ramadhan Yahaya Singano.”
The Judge said there is no application against the respondent bank in the request nor in the application to register the foreign judgment, would so granting such an order be detrimental as the respondent bank would not have been heard.
“This is clear because there are no applications against the bank (NMB),” said Judge Kirekiano, adding that issuing an order to freeze these funds would be equivalent to obstructing court processes that the applicant is already utilizing.
