COURT DECLARES ADENIKE AJAYI SOLE LAWFUL WIDOW OF LATE DR. TOSIN AJAYI, REJECTS HELEN PREST’S MARRIAGE CLAIM

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A Lagos State High Court sitting in Ikeja has declared Mrs. Adenike Oluwayemisi Ajayi the sole and lawful widow of the late founder and Chief Executive Officer of First Foundation Hospital, Dr. Tosin Ajayi, bringing an end to a long-running dispute over his marital status and estate.

Delivering judgment on Wednesday, Justice Oluwayoyin Odusanya granted all reliefs sought by Mrs. Ajayi and her children while dismissing the claims of former beauty queen, Helen Prest, who had also sought recognition as the deceased’s spouse.

The case, which began in 2021 following Dr. Ajayi’s death on April 26, 2020, centred on competing claims to his estate and who was legally entitled to be recognised as his surviving spouse. The proceedings lasted nearly five years before judgment was delivered.

Justice Odusanya held that Mrs. Ajayi remained legally married to the deceased until his death, noting that their monogamous marriage was never dissolved.

The court further ruled that prolonged separation does not amount to termination of a valid marriage in the absence of a formal divorce, agreeing with submissions of counsel to the claimants, Mr. Kunle Adegoke, SAN, that the marriage subsisted throughout Dr. Ajayi’s lifetime.

A key issue before the court was Helen Prest’s assertion that she had contracted a Kalabari customary marriage with the late doctor. However, the court found that she failed to provide credible evidence to support the claim.

Justice Odusanya described the allegation as an afterthought, noting inconsistencies in Prest’s earlier positions in related proceedings, where 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 court also held that essential elements of a valid customary marriage, including the date and venue of the alleged ceremony, were not established. It further noted the absence of documentary or photographic evidence in support of her claims.

In addition, the judge ruled that even if such a marriage had been proven, it would still be invalid, as evidence showed that Helen Prest was still legally married to her former husband, Mr. Davies, 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 wife 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 brings closure to the dispute at the High Court level and reinforces the legal principle that separation alone does not dissolve a valid marriage without formal legal termination.

With the ruling, Mrs. Ajayi and her children secured all reliefs sought, while Helen Prest’s claims were dismissed in their entirety.