Schrieber vs Dayaratna – sllr 2004 volume 2 page 341

In the case between the minor plaintiff (represented by his father as next friend) and the petitioner contesting the appointment of the next friend, the Court addressed whether the District Court of Mt. Lavinia had jurisdiction to appoint a next friend for a minor not residing within its jurisdiction and whether procedural irregularities, specifically the lack of notice to the petitioner, invalidated the appointment. It was held that the District Court possessed jurisdiction to appoint a next friend based on the location of the cause of action rather than the minor’s residence, reaffirming the principle that jurisdiction for such appointments arises from the Court’s authority over the subject matter and not personal jurisdiction over the minor. Statutory provisions including section 19(1)