1. Exceptions of incompetence have to be raised in limine litis. In the absence of submission of an Answer, a Respondent cannot argue at the hearing that an Appellant has not exhausted all internal legal remedies available.
2. In accordance with Article R57 par. 1 of the Code, a CAS Panel has the power to review the appealed decision de novo. However, this power of the Panel is limited to the matter in dispute before it and cannot go further than what was at dispute before the previous instance.
Facts and Procedure
On 3 October 2020, the Club held its ordinary General Assembly. On 12 October 2020, the Sudan Football Association (SFA) President contacted FIFA about the necessity to hold a meeting to discuss the dismissal of the Club’s executive body and the appointment of a “normalization committee”.
On 19 October 2020, FIFA informed SFA that the latter had no statutory or regulatory basis to replace the Club’s executive body with a normalization or ad hoc committee.
On 20 October 2020, SFA decided that the mandate of the Club’s executive body had expired and that a Tripartite Committee should be appointed to decide upon the Club’s new executive body.
On 13 December 2020, following up on the videoconference call...
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