740Election of guardian by minor

740 Election of guardian by minor

(1)  Subject to subrule (2) , a minor may elect a guardian to carry on, defend or intervene in a suit in the same manner and subject to the same rules as in respect of non-contentious business in the Court.

(2)  If an infant under the age of 7 years has no testamentary or statutory guardian for the purposes of subrule (1) , a judge on an application is to assign a guardian.

(3)  An application is to be supported by an affidavit showing that the proposed guardian –

(a) is next of kin of the infant or that the next of kin has renounced the right to the guardianship and consents to the assignment of the proposed guardian; and

(b) is ready to undertake the guardianship.