Company appeal maintainability depends on proof of proper authorisation to file and prosecute proceedings.

An appeal on behalf of a company must be instituted and prosecuted by a duly authorised person. Where the person pursuing the appeal fails to produce a board resolution, proof of competent authorisation, or other material showing authority to act for the company, the defect goes to maintainability under the procedural rules. Restoration after an earlier dismissal for want of service did not cure or conclusively establish the representative's authority. The Tribunal therefore treated the preliminary objection as fatal and held that the appeal was not maintainable, with the stay application also failing.

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Issues: Whether the appeal could be entertained when the person prosecuting it failed to establish authority to represent the company and to show proper filing under the procedural rules.

Analysis: The appeal had originally suffered dismissal for want of service and was later restored, but the restoration did not finally determine the appellant's authority to continue the proceedings. On the merits of the preliminary objection, the person pursuing the appeal did not produce a board resolution, proof of competent authorization, or material showing that he was entitled to act for the company as its representative. The Tribunal treated this defect as going to the root of maintainability and held that the appellant had not crossed the threshold requirement for a valid appeal under the procedural rules.

Conclusion: The preliminary objection was upheld and the appeal was not maintainable for want of proper authorization to file and prosecute it.

Final Conclusion: The proceedings failed at the maintainability stage because the company's representative authority was not established, resulting in dismissal of the appeal and stay application.

Ratio Decidendi: An appeal filed on behalf of a company must be shown to be instituted and prosecuted by a duly authorised person, and failure to establish such authority renders the appeal not maintainable.

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