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MOHAMMED L. TSAMIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Legislative Houses/Governorship Ejection Tribunal No.1 (herein referred to as the Tribunal 1). Sitting at Awka, in Anambra State, which struck out the petition on 28/9/2007 for the lack of diligent prosecution as there was non service of the petition on the respondents.
Being dis-satisfied with the said judgment, the petitioner, as appellant initialed this appeal by virtue of the Notice and Grounds of Appeal dated 11/10/2007 and filed on 19/10/2007. The Notice and Grounds of appeal contained two grounds of appeal on error in law.
The appellant has equally presented the appellant's Brief of Argument in substantiation of the two grounds of appeal. In his Brief of argument, there were two issues distilled from the two grounds of appeal as follows:
(a) Whether the non-service of the petition filed on 21/5/07 as at 28/9/07, if indeed there was non service, was legally sufficient t…