ABSTRACT
A minor (or infant) is a person who is under the age of 18 and is by law under disability.1 A minor sues by his/her ‘next friend’ and defends by his ‘guardian ad litem’.2 The title of the action should read:
BETWEEN JOYCE EDAM (a minor) by
NADIA EDAM (her mother and next friend) PLAINTIFF
AND SHERRY RAMDATH (a minor) by
ERNEST RAMDATH (her father and guardian ad litem) DEFENDANT
The procedure for the appointment of a next friend or guardian ad litem is that a written consent to act3 as such must be filed in the court registry before the issue of proceedings. Normally, a relative will be appointed.4 The next friend or guardian ad litem must act by an attorney or solicitor,5 who must certify that he knows or believes the person to whom the certificate relates to be a minor, and that the person consenting to be next friend or guardian has no interest in the action which is adverse to that of the minor.6
