1988 Ed.] The Rules of the Supreme Court-Order 80
[CAP. 4
(iii) except where the person named in the certificate as next friend or guardian ad litem, as the case may be, is the Registrar General, that the person so named has no interest in the cause or matter in question adverse to that of the person under disability.
Appointment of guardian where person under disability does not
acknowledge service (O. 80, r. 6)
6. (1) Where-
(a) in an action against a person under disability begun by writ, or by originating summons, no acknowledgment of service is given in the action for that person, or
(b) the defendant to an action serves a defence and counter-claim on a person under disability who is not already a party to the action, and no acknowledgment of service is given for that person,
an application for the appointment by the Court of a guardian ad litem of that person must be made by the plaintiff or defendant, as the case may be, after the time limited (as respects that person) for acknowledging service and before proceeding further with the action or counterclaim.
(2) Where a party to an action has served on a person under disability who is not already a party to the action a third party notice within the meaning of Order 16 and no acknowledgment of service is given for that person to the notice, an application for the appointment by the Court of a guardian ad litem of that person must be made by that party after the time limited (as respects that person) for acknowledging service and before proceeding further with the third party proceedings.
(3) Where in any proceedings against a person under disability begun by petition or motion, that person does not appear by a guardian ad litem at the hearing of the petition or motion, as the case may be, the Court hearing it may appoint a guardian ad litem of that person in the proceedings or direct that an application be made by the petitioner or applicant, as the case may be, for the appointment of such a guardian.
(5) An application under paragraph (1) or (2) must be supported by evidence proving-
(a) that the person to whom the application relates is a person under disability,
(b) that the person proposed as guardian ad litem is willing and a proper person to act as such and has no interest in the proceedings adverse to that of the person under disability,
(c) that the writ, originating summons, defence and counter-claim or third party notice, as the case may be, was duly served on the person under disability, and
A 323
[Subsidiary]
1988 Ed.] The Rules of the Supreme Court-Order 80
[CAP. 4
(iii) except where the person named in the certificate as next friend or guardian ad litem, as the case may be, is the Registrar General, that the person so named has no interest in the cause or matter in question adverse to that of the person under disability.
Appointment of guardian where person under disability does not
acknowledge service (O. 80, r. 6)
6. (1) Where-
(a) in an action against a person under disability begun by writ, or by originating summons, no acknowledgment of service is given in the action for that person, or
(b) the defendant to an action serves a defence and counter- claim on a person under disability who is not already a party to the action, and no acknowledgment of service is given for that person,
an application for the appointment by the Court of a guardian ad litem of that person must be made by the plaintiff or defendant, as the case may be, after the time limited (as respects that person) for acknowledging service and before proceeding further with the action. or counterclaim.
(2) Where a party to an action has served on a person under disability who is not already a party to the action a third party notice within the meaning of Order 16 and no acknowledgment of service is given for that person to the notice, an application for the appoint- ment by the Court of a guardian ad litem of that person must be made by that party after the time limited (as respects that person) for acknowledging service and before proceeding further with the third party proceedings.
(3) Where in any proceedings against a person under disability begun by petition or motion, that person does not appear by a guardian ad litem at the hearing of the petition or motion, as the case may be, the Court hearing it may appoint a guardian ad litem of that person in the proceedings or direct that an application be made by the petitioner or applicant, as the case may be, for the appointment of such a guardian.
(5) An application under paragraph (1) or (2) must be sup- ported by evidence proving-
(a) that the person to whom the application relates is a person
under disability,
(b) that the person proposed as guardian ad litem is willing and a proper person to act as such and has no interest in the proceedings adverse to that of the person under disabil- ity,
(c) that the writ, originating summons, defence and counter- claim or third party notice, as the case may be, was duly served on the person under disability, and
A 323
[Subsidiary]
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