27/07/2018
“MJ Onigbanjo & Co Persuades High Court of Lagos State To Deliver Landmark Decision in Favour of Minor In Application for Guardianship”.
The High Court of Lagos State presided over by Justice Femi Adeniyi on 25th July 2018, in an application argued by Mr. M.J Onigbanjo SAN granted guardianship of a minor who’s biological father had declined responsibility for her and whose mother was deceased, to her late mother’s sister.
The landmark principle, established in this application relying on Order 6, Rule 2 of the Lagos State Family Court Rules 2012, was that it was possible to grant such an application without service of the court process on the minor’s surviving father based on the fact that his address was not ascertainable.
Ordinarily, without service courts do not assume jurisdiction but in this instance, relying on the Rules, the Court made an exemption and went ahead to determine the guardianship application.
