11.—(1) In the case of an application for the appointment of a guardian, the affidavit shall state—
(a) whether the infant or prodigal has parents, and, if so, give their names and addresses ;
and
(b) whether, in the case of an infant without parents, he has a testamentary guardian, and, if so, give his name and address, and further that the infant is not an heir under disability as defined in section 2 of the Infants’ Estates Administration Law, Cap. 218, or a married woman;
and shall enumerate the facts making the appointment necessary or desirable.
(2) In the case of an application relating to an infant, the application shall be accompanied by a certificate of birth from the appropriate Commissioner, or, if the infant’s name cannot be traced, his age must be given in the affidavit. And in the case of an application relating to a prodigal, the application shall be accompanied by the written consent of the Attorney-General, as required by section 23 (3) of the Law. And in either case the application shall be supported by evidence of the fitness of the proposed guardian. This evidence may be embodied in the affidavit mentioned in sub-rule (1) of this rule, if such affidavit is not sworn by the proposed guardian; or it may be embodied in another affidavit, in which case an office copy shall be served with the application. The evidence of fitness shall be to the effect that the deponent has been well acquainted with the proposed guardian for a specified number of years last past; that he has had many opportunities of forming an opinion of the proposed guardian’s business habits, integrity and good character; and that in his judgment the proposed guardian is a fit and proper person for appointment.
(3) The following persons shall be served—
(а) the parents (if any) of the infant or prodigal; or
(b) if there are no parents, then the testamentary guardian (if any) of an infant; and
(c) the person (if any) with whom the infant resides or under whose care he is, if he does not reside with his parents or testamentary guardian; and
(d) the infant or prodigal himself, unless service on the infant is dispensed with by the Court or a Judge ; and
(e) such other persons as the Court or a Judge may direct to be served.
(4) If the proposed guardian is a person other than the applicant, his written consent to be appointed must be filed with the application.