Mandatory certified copy requirement makes Tribunal appeal time-barred or invalid when the copy is filed late or not filed at all

The appeal memorandum had to be accompanied by two copies of the impugned order, including at least one certified copy, and this requirement was treated as mandatory under the prescribed form and Tribunal Rules. Where the certified copy was filed only after the limitation period, the appeal remained time-barred because the defect could not be cured in the absence of any explanation or condonation request. Where no certified copy was filed at all, the appeal was not validly instituted in law and was untenable.

---

---

Issues: Whether an appeal to the Tribunal is incompetent or time-barred if it is filed without a certified copy of the order appealed against, or if the certified copy is filed after the expiry of limitation.

Analysis: The appeal memorandum was required to be accompanied by two copies of the order appealed against, at least one of them being a certified copy, as indicated by the prescribed form and the Tribunal Rules. The requirement was treated as mandatory. In the absence of any explanation or application for condonation, non-filing of the certified copy with the appeal, or filing it after the prescribed period, could not be cured so as to save limitation. Where the certified copy was never filed, the appeal could not be treated as validly instituted in law.

Conclusion: Late filing of the certified copy rendered the relevant appeals barred by time, and non-filing of the certified copy rendered the remaining appeal not tenable in law.

---