Association appeals lifting of injunction which prevented JFF election

An appeal has been filed by Patricia Garel, president of Beach Soccer Jamaica against a  Supreme Court ruling on February 9 refusing to extend an injunction which had barred the Jamaica Football Federation (JFF) from holding its general election on January 14.

The association had sought orders from the Supreme Court to compel the JFF to allow it to participate in the election of officers.

On February 9, the Supreme Court denied an application for the continuation of the temporary injunction.

The association filed eight grounds of appeal on Monday seeking to have the judge's ruling overturned.

The appellant, who is being represented by attorneys-at-law Hugh Wildman and Duke Foote, will also be seeking an injunction to bar the JFF from going ahead with any selection process until the appeal has been heard and determined.

The appellant contends that the learned judge erred in law, in failing to appreciate that there was a serious question to be tried as to whether the association was the legitimate body representing beach soccer or beach football in Jamaica under Article 12, Pillar 3, of the constitution of the Jamaica Football Federation.

One of the grounds states that the judge failed to appreciate that the term Beach Football Association, as stated under the constitution, represented a category under pillar 3 of the constitution and that the appellant was accepted by the JFF as the legitimate body representing that category.

The appellant states also that the judge erred in law in failing to appreciate that the grant of an interim injunction did not require her making findings of fact as to whether the appellant had satisfied all the requirements to be a member of the respondent.

In a press release today, the JFF acknowledged that it was served with the notice of the appeal through its attorney Kaysian Kennedy-Sherman of the law firm Townsend, Whyte & Porter. 

The JFF stated that the injunction was discharged on the basis that there were no serious issues to be tried and that the applicant did not establish that it was an affiliate or a member of the JFF.

The JFF stated that it remained confident in securing a favourable decision on the appeal.

It disclosed  that the JFF “is on course to set a new date for Elective Congress, in order that the members are not disenfranchised.”

-Barbara Gayle

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