UZO I. NDUKWE-ANYANWU, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the tribunal Holden in Uyo Akwa Ibom State delivered on 8th August, 2011 in Petition No: EPT/AKS/SEN/18/2011.
The facts of this petition is as recounted by the Appellant and admitted by the 1st Respondents in his brief. I will quote the appellants recount of the facts for ease of reference.
The respondents were off served with the petition. The first respondent filed his reply to the petition on the 18th day of June, 2011 and served some on the Appellant on the 9th day of July, 2011. The 2nd Respondent did not file any reply until the date the petition was dismissed. The 3rd Respondent filed two replies by two separate and different counsels out of time which caused petitioners counsel to file a motion on notice on the 23rd day of July for leave to bring the application outside pre-hearing session for an order striking out the two replies filed by 3rd Respondent some being on abus…