A Lagos State High Court sitting in Ikeja has declared Mrs. Adenike Oluwayemisi Ajayi the sole lawful widow of the late founder of First Foundation Hospital, Dr. Tosin Ajayi, effectively dismissing the marital claims of former beauty queen, Helen Prest.
The court, in its judgment delivered by Justice Oluwayoyin Odusanya, ruled that Mrs. Ajayi remained legally married to the deceased until his death in April 2020, noting that their long separation did not dissolve a valid statutory marriage.
The judge held that separation, regardless of its duration, cannot terminate a legally recognised marriage without a formal divorce, thereby affirming Mrs. Ajayi’s status as the only recognised spouse.
Helen Prest had claimed she entered into a customary marriage with the late doctor under Kalabari native law and custom and sought recognition as his widow. However, the court rejected the claim, describing it as unproven and inconsistent with evidence presented during the trial.
The court further noted that Prest failed to establish key elements of the alleged customary marriage, including the date, venue, and supporting documentation. It also held that she was still legally married to her former husband at the time she claimed to have married Dr. Ajayi, rendering her claim invalid.
With the ruling, the court affirmed Mrs. Ajayi’s entitlement to a portion of the estate and her exclusive right to apply for letters of administration over the deceased’s assets.
Meanwhile, Helen Prest’s daughter, Tomisin Ajayi, has filed an appeal challenging the judgment, seeking a stay of execution and urging the appellate court to allow her continued interest in the estate pending the outcome of the appeal.
The estate dispute, which has lasted several years, arose shortly after Dr. Ajayi’s death in 2020 and has now shifted to the Court of Appeal for further determination.
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