| 20/5/2012 |
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| Board of Special Commissioners - Cases |
| Case No. 19/70 |
Decided: 7 October, 1970 |
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Appellant is not obliged to use the printed forms referred to in the Appeals Rules. He is free to use any other format, provided that no essential element is missing. Such omission renders the appeal null and void
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Appellant admitted that the statutory forms of appeal had not been filed within the timeframe set by law. Within that timeframe, however, he had written several letters to the Commissioner which included the phrases "... instructed to enter into an appeal" and "This is an appeal ...."
The Court of Appeal in Case no. 4 had held that the law nowhere stated that the printed Forms had to be used. The words "in the form" did not mean the printed forms but only the method in which the appeal was to be set out. Though one may depart from the ritual in form, however, one may not do so in substance. If an essential element is missing then the application could be null and void.
It resulted that the letters had not been presented at the Registry of the Board and neither a copy of the decision being objected to had been attached to the letters. The appeal was, in the circumstances, considered to be null and void.
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