Mboma sentenced to pay 330 million FCFA to Wome

On 07 November 2014, the Court of appeal in Paris issued a judgment condemning the former Cameroon international Patrick Mboma to repay 400,000 euros (CFAF 262,382 million), with interest at the legal rate, to Pierre Womé Nlend.

The judgment of the Court of appeal of Paris confirmed conviction rendered on 07 March 2013 by the tribunal de commerce of Paris on a loan given in July 2009 by Pierre Womé Nlend to former teammate of Patrick Mboma, for the Hope Finance company which has now gone bankrupt.

In July 2009, the former Cameroon international Pierre Wome Nlend lent to a company called Hope Finance the sum of 400,000 euros. It was intended in the contract signed by the parties that 480,000 euros (around 315 million FCFA) would be refunded to the benefit of the footballer on July 13, 2010.

Hope Finance society has not repaid this loan on the due date and a second loan as of August 30, 2010, deadline on July 31 2011 amount of 480.000 euros, plus a penalty of 5% or 504.000 (330 million CFAF) at the rate of 20% was concluded between Pierre Wome Nlend and American law society Hope Services, represented by Patrick Mboma Dem. This loan was not repaid despite formal notice.

By judgment dated March 7, 2013, with provisional enforcement by the tribunal de commerce of Paris condemned the society Hope Finance and Patrick Mboma Dem, the latter as a guarantor of Hope Finance to pay Pierre Wome Nlend the sum of 400,000 euros plus interest at the legal rate to effective July 13, 2009.

Patrick Mboma Dem appealed this decision and asked the Court to reform the judgment of the tribunal de commerce in all its provisions, declaring that the proof of payment of the sum of 400,000 euros on the account of the company is not reported which therefore dismissed Wome Nlend of its main claim.

In any event, Mr Mboma Dem considered that the loan of 2010 was substituted for that of 2009 with this time as borrower Hope Service company operating as a novation by change of debtor and that in addition the surety was not drafted equivocally by reason of the absence of handwritten letters and digits of the object of the recognizance of bail sum.

Meanwhile, the respondent recalled that in the context of the relations of friendship with Mr Mboma Dem, it agreed to lend Hope Service company which Patrick Mboma was the Deputy Executive Director and on the basis of his the sum of 400,000 euros bail.

Given personality and links between them and the right-of-way that the latter exercised upon him, he had accepted an extension of time by contract of August 30, 2010 worth renewal of the duration of repayment for another year until July 31, 2011 so that the loan became due August 1, 2011.

For Mr Wome Nlend, the nullity of the loan of 2009 as that of the bail Act contained in it could be usefully invoked by Mr Mboma Dem.

The Court of appeal of Paris, under the terms of its judgment of November 7 agreed with this conclusion by retaining the character of express bail granted by Mr Mboma Dem resulting from his handwriting brought under the name of the borrowing company and by which it paid bail in the following terms: "for which Patrick Mboma Demits Deputy Director, surety..."

In addition, it is irrelevant, for the Court, that the reference to the hand of the deposit of the amount of the subscribed obligation clarification Mr Mboma Dem having "perfectly been able to appreciate the nature and scope of its guarantor's undertaking by signing all the pages of the loan of 2009 that contain the amount of money borrowed by the numbers and letters".

Finally, the Court recalled that "the only incorrect assessment of risks by the surety does not constitute an error capable of vitiating consent and that he cannot be untied from his commitment unless he demonstrates that he had made the creditworthiness of the principal condition of this commitment".

As the argument relating to the novation of contracts, the Court finds that this argument raised for the first time in case of appeal is inadmissible under the provisions of article 565 of the code of civil procedure and on the other hand contrary to the means developed by Mr Mboma Dem before the first judges since it tends to produce effects to a convention which Mr Mboma Dem invoked the nullity before the first judges.

Consequently for the Court that the original contract of 2009 containing the recognizance of bail from Mr Mboma Dem for the benefit of Hope Finance society remained valid between the parties and enforceable to the latter in its capacity as guarantor.

Accordingly, the judgment of the Tribunal de Commerce of Paris has been confirmed and sentence (EUR 400 000 with interest at the legal effective rate of July 13, 2009) extended to the company Hope Services.