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The High Court struck out a company’s suit after upholding a preliminary objection that no board resolution authorized the proceedings.
A company may institute proceedings through its secretary, director, or principal officer without a board resolution, but where an advocate signs and files pleadings, a board resolution is mandatory. The absence of such authorisation renders the proceedings incompetent.
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The High Court held that the appellant's grounds were based on technicalities not required by primary court procedure, that new matters not raised at trial could not be entertained on appeal, and that the concurrent findings of the lower courts regarding breach of the loan agreement and liability to pay were correct. The appeal was dismissed for lack of merit.
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The appeal was dismissed because the appellant's challenge regarding the requirement of a board resolution was not raised at trial and cannot be raised on appeal, and the trial tribunal's evaluation of evidence was found to be proper and not in error.
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