₦airaland Forum

Court declares Adenike Ajayi lawful widow of Tosin Ajayi, rejects Helen Prest’s claim

A Lagos State High Court sitting in Ikeja has declared Mrs. Adenike Ajayi the sole and lawful widow of the late founder and Chief Executive Officer of First Foundation Hospital, Dr. Tosin Ajayi, bringing to an end a protracted legal battle over the deceased’s marital status and estate.

In a judgment delivered by Justice Oluwayoyin Odusanya, the court granted all the reliefs sought by Mrs. Ajayi and her children, dismissing the claims of former beauty queen, Helen Prest, that she was also a spouse of the late medical practitioner.

The dispute, which commenced in 2021 following Dr. Ajayi’s death on April 26, 2020, arose from competing claims over the deceased’s estate and the status of his surviving spouse.

The proceedings lasted nearly five years before the court delivered its verdict.

Justice Odusanya held that Mrs. Ajayi remained legally married to Dr. Ajayi until his death and that their monogamous marriage was never dissolved.

The court rejected arguments that the couple’s prolonged separation amounted to a termination of their marriage.

According to the judge, separation, regardless of its duration, does not automatically dissolve a legally valid marriage.

The court agreed with submissions by counsel to the claimants, Mr. Kunle Adegoke, SAN, that the marriage between Dr. and Mrs. Ajayi subsisted throughout the lifetime of the deceased.

A major issue in the case was Helen Prest’s claim that she had contracted a Kalabari customary marriage with Dr. Ajayi.

However, the court found that she failed to provide credible evidence to support the assertion.

Justice Odusanya described the customary marriage claim as an afterthought, noting that Prest had adopted inconsistent positions in previous legal proceedings.

The court observed that in earlier suits, she had variously described herself as a common-law partner and, at another time, as being in a civil-law union with the deceased.

The judge further held that Prest was unable to establish essential elements of the alleged customary marriage, including the date and venue of the ceremony.

The court noted the absence of documentary or photographic evidence to support her claim.

In addition, the court held that the alleged customary marriage would, in any event, have been invalid because evidence before the court showed that Prest was still legally married to her former husband at the time she claimed to have married Dr. Ajayi.

Consequently, the court dismissed her claim to spousal status and affirmed Mrs. Ajayi as the only legally recognised spouse of the deceased.

Justice Odusanya also upheld Mrs. Ajayi’s entitlement to one-third of Dr. Ajayi’s personal estate and ruled that she is the only spouse entitled to apply for letters of administration over the estate.

The judgment effectively resolves the dispute at the High Court level and reinforces the legal principle that separation alone does not terminate a valid marriage in the absence of a formal dissolution.

With the ruling, Mrs. Ajayi and her children secured all the reliefs sought in the suit, while Helen Prest’s claims to recognition as a spouse of the late hospital founder were rejected in their entirety.

dominique:
The case has been ongoing for over 5 years since the doctor passed away in 2020. Helen you did yourself dirty, as a lawyer you should know better. The court will always recognise the legally married wife no matter how long they've been separated.

OneCandleAway:
The man is w.icked. he purposely did this to herllen because he is too educated to not know how to secure her future properly. I guess it's an indirect apology to his wife for leaving her for a hot side chic. I just hope she was able to amass her own private property, because them living in an hotel for years till he dies isn't a good look.

dominique:
The man actually drew a will where Helen was allocated properties but the court threw it out after the estranged wife challenged it. She claimed Helen was a concubine who made him draft a will that would favour her and children she had for another man. Meanwhile she had been separated from the man years before he and Helen married o. Helen stood by the man till his last days, took care of him as his health failed and the end of the day, she got paid by being referred to a home wrecker. The man did her dirty, she also did herself dirty

OneCandleAway:
But the man was separated only, not divorced though I heard the separation was for about 25 or more years . But they roll in circles where all these inheritance issues abound so the man really should have divorced his first wife and use his connections to not lose to much to her after all this is Nigeria. At least for the abiolas once you pass the DNA and 'ear test' you are guaranteed something even though kola is greedy. Chief FRA Williams the children are still fighting over inheritance after 21 years of his death and this is from sane mother oooo. Even one child has died the grandchildren carried over the fight. It's just a messy situation and I hope she saved enough for herself because I doubt she can maintain that hole living standard the man has spoilt her with.

Gracious3105:
If you have ₦10 million to your name, you should consider writing a will immediately to avoid unnecessary drama after your demise. At the very least, your family deserves to live in peace after you are gone.

OneCandleAway:
But the man was separated only, not divorced though I heard the separation was for about 25 or more years . But they roll in circles where all these inheritance issues abound so the man really should have divorced his first wife and use his connections to not lose to much to her after all this is Nigeria. At least for the abiolas once you pass the DNA and 'ear test' you are guaranteed something even though kola is greedy. Chief FRA Williams the children are still fighting over inheritance after 21 years of his death and this is from sane mother oooo. Even one child has died the grandchildren carried over the fight. It's just a messy situation and I hope she saved enough for herself because I doubt she can maintain that hole living standard the man has spoilt her with.

stagger:
The one of Chief Fred Rotimi Williams is the most surprising. Children from the same womb fighting themselves over their father's inheritance.

dominique:
The man actually drew a will where Helen was allocated properties but the court threw it out after the estranged wife challenged it. She claimed Helen was a concubine who made him draft a will that would favour her and children she had for another man. Meanwhile she had been separated from the man years before he and Helen married o. Helen stood by the man till his last days, took care of him as his health failed and the end of the day, she got paid by being referred to a home wrecker. The man did her dirty, she also did herself dirty

stagger:
The one of Chief Fred Rotimi Williams is the most surprising. Children from the same womb fighting themselves over their father's inheritance.

delpee:
The man should have bought a property for Helen in her name since he was still legally married to his wife. A will can always be contested.

dominique:
The man actually drew a will where Helen was allocated properties but the court threw it out after the estranged wife challenged it. She claimed Helen was a concubine who made him draft a will that would favour her and children she had for another man. Meanwhile she had been separated from the man years before he and Helen married o. Helen stood by the man till his last days, took care of him as his health failed and the end of the day, she got paid by being referred to a home wrecker. The man did her dirty, she also did herself dirty

dominique:
The man actually drew a will where Helen was allocated properties but the court threw it out after the estranged wife challenged it. She claimed Helen was a concubine who made him draft a will that would favour her and children she had for another man. Meanwhile she had been separated from the man years before he and Helen married o. Helen stood by the man till his last days, took care of him as his health failed and the end of the day, she got paid by being referred to a home wrecker. The man did her dirty, she also did herself dirty

dominique:
The man actually drew a will where Helen was allocated properties but the court threw it out after the estranged wife challenged it. She claimed Helen was a concubine who made him draft a will that would favour her and children she had for another man. Meanwhile she had been separated from the man years before he and Helen married o. Helen stood by the man till his last days, took care of him as his health failed and the end of the day, she got paid by being referred to a home wrecker. The man did her dirty, she also did herself dirty

OneCandleAway:
The man is w.icked. he purposely did this to herllen because he is too educated to not know how to secure her future properly. I guess it's an indirect apology to his wife for leaving her for a hot side chic. I just hope she was able to amass her own private property, because them living in an hotel for years till he dies isn't a good look.

casualobserver:
I have said it multiple times on Nairaland no smart man marries a beauty queen. It takes a certain mindset to parade yourself semi naked in front of men to be judged. Good/smart men don’t marry such women.