JUDGMENTBY: RAJA AZLAN SHAH J

In this case, the applicant applies for custody of her two infant children. There is dispute as to whether she is legally married to the respondent but for the purposes of this case, it will be assumed that there was no valid marriage. The question to be settled before the court can go into the merits of the case is whether this court has jurisdiction to entertain an application by the de facto mother for a custody order under the Guardianship of Infants Act, 1961.

Counsel for the applicant contends that the court has been granted original jurisdiction under section 24(d) and (e) of the Courts of Judicature Act, 1964 in addition to the Guardianship of Infants Act, 1961. Section 24 of the Courts of Judicature Act, 1964 states:

"Without prejudice to the generality of the provisions of the last

preceding section, the civil jurisdiction of every High Court shall

include:--

(d) jurisdiction to appoint and control guardians of infants and

generally over the person and property of infants;

(e) jurisdiction to appoint and control guardians and keepers of the

persons and estates of idiots, mentally d

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