Wydad Athletic Club v. Saimon Happygod Msuva

At a glance

Parties

Wydad Athletic Club (Morocco) v. Saimon Happygod Msuva (Tanzanian professional footballer)

Case no.

CAS 2022/A/9145

Forum and rules

Court of Arbitration for Sport, appeal procedure under the CAS Code (Articles R47 ff.), against a FIFA Dispute Resolution Chamber decision

Treaty

Employment contract of 26 November 2020 (French Contract); FIFA Regulations on the Status and Transfer of Players; FRMF regulations

Tribunal

Alexander McLin (Sole Arbitrator)

Sector

Professional football; employment contract

Outcome

Appeal partially upheld (1 October 2024). The player had just cause to terminate, but his compensation was reduced for mitigation.

Amount

FIFA DRC awarded USD 107,200 outstanding remuneration and USD 800,000 compensation. CAS confirmed the USD 107,200 (with 5% interest from 1 and 11 September 2021) and cut compensation to USD 293,202, with 5% interest from 27 January 2022. The club's own claim for USD 413,034 was dismissed.

The dispute

The Tanzanian footballer Saimon Happygod Msuva signed a one-page English-language document with Wydad Athletic Club on 10 November 2020. On 26 November 2020 the parties signed a detailed French-language employment contract running to the end of the 2023/2024 season. The French Contract provided a signing bonus for 2020/2021 and, for each later season, a "prime de rendement" of USD 264,000 payable in three instalments. The player claimed that parts of the 2020/2021 signing fee and the first instalment of the 2021/2022 bonus were unpaid. He sent notices of default and terminated the contract on 23 December 2021, citing just cause under Articles 14 and 14bis of the FIFA RSTP. The club argued that the "prime de rendement" was a performance bonus that, under Annex G of the FRMF RSTP, fell due only at the end of the season. It said the signing fee had been paid by bills of exchange and in cash, as confirmed by discharge documents (décharges) the player had signed. It claimed that the English Contract was invalid or forged, and that the player owed it compensation for terminating without just cause.

Key holdings

1. The French Contract governs the relationship. The English Contract was in effect a term sheet; the club's late allegation of forgery was unsupported. A player who does not understand the language of a contract remains responsible for what he signs and should seek outside help. The English Contract is used only to resolve ambiguities. ¶¶ 73–74
2. Annex G of the FRMF RSTP is not mandatory, so the parties could derogate from it. Interpreted under Article 18 of the Swiss Code of Obligations, the "prime de rendement" is a fixed lump sum payable in three instalments, regardless of the player's performance or participation. The club's own décharge of 3 October 2021, which called the payment a signing fee, confirmed this reading. ¶¶ 86–91
3. Handing over a cheque or bill of exchange does not discharge the debt; payment is effective only when the creditor actually holds the funds. The décharge of 28 April 2021 was not reliable proof of payment, and the club bore the burden of proving payment and did not meet it. ¶¶ 101–102
4. The player had just cause. The unpaid first instalment of USD 88,000 exceeded two months' salary, and the player gave written notice on 8 December 2021, 15 days before he terminated, as Article 14bis RSTP requires. The club's repeated failure to pay the signing fee instalments also meant he could no longer rely on it. The club's claim for compensation was dismissed. ¶¶ 103–105
5. The player did not appeal, so under the ne ultra petita principle the outstanding remuneration stays at the DRC's USD 107,200. This applies even though the Sole Arbitrator considered USD 222,000 to have been outstanding. ¶ 106
6. Compensation equals the residual value of USD 800,000, less the player's earnings at Al Qadsiah Saudi FC (USD 300,000) and Jeunesse Sportive de Kabylie (USD 215,798), plus three months' salary (USD 9,000) as additional compensation under Article 17(1)(ii) RSTP: USD 293,202. Exceptional circumstances under Article R56 justified admitting the later contract and the club's amended request for relief. The claim for up to six months' salary was refused: no egregious circumstances were shown, and it would be a counterclaim, which Article R55 does not allow in appeals. ¶¶ 114–119

Procedural history

1. 26 November 2020The club and the player sign the French employment contract, valid to the end of the 2023/2024 season.
2. 23 December 2021The player terminates the contract, citing just cause for unpaid amounts.
3. 24 and 27 January 2022The club and then the player file claims before the FIFA Dispute Resolution Chamber.
4. 7 July 2022The FIFA DRC rejects the club's claim and awards the player USD 107,200 plus USD 800,000 compensation; the grounds are notified on 1 September 2022.
5. 15–16 September 2022The club files its Statement of Appeal at CAS.
6. 16 December 2022Sole Arbitrator Alexander McLin appointed; Pierre Turrettini named ad hoc clerk.
7. 25 April 2023Hearing held by videoconference.
8. 11 October 2023The club amends its request for relief after the player's contract with Jeunesse Sportive de Kabylie comes to light.
9. 1 October 2024Award: appeal partially upheld; compensation reduced to USD 293,202.

Tribunal, counsel and experts

Decided by

• Alexander McLin Sole arbitrator, Court of Arbitration for Sport — appointed by the institution

For the claimant

Ali Abbes

For the respondent

Livida Sport Limited · Kendrah Potts · Stefania Genesis

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Keywords

• football
• just cause
• termination of employment contract
• Article 14bis FIFA RSTP
• Article 17 FIFA RSTP
• prime de rendement
• performance bonus
• signing fee
• FRMF RSTP Annex G
• contract interpretation
• bills of exchange
• burden of proof
• ne ultra petita
• mitigation of damages
• additional compensation
• Article R56 CAS Code
• Morocco
• Wydad

Summary generated with AI from the published documents — refer to the award for the authoritative text.