Special Reports

Lagos Court Affirms Adenike Ajayi As Sole Surviving Spouse In Late Dr. Tosin Ajayi’s Estate Dispute

A Lagos State High Court has confirmed Mrs. Adenike Oluwayemisi Ajayi as the only legally recognized widow of the late Dr. Tosin Ajayi, founder and Chief Executive Officer of First Foundation Hospital, bringing an end to a protracted five-year legal battle over his estate.

Delivering judgment at the Ikeja Division of the High Court on Wednesday, Justice Oluwayoyin Odusanya granted all the reliefs sought by Mrs. Ajayi and her children. The court also dismissed the claims of former beauty queen Helen Prest, who had argued that she was married to the deceased.

The case arose following the death of Dr. Ajayi on April 26, 2020, which led to a dispute over who should be regarded as his lawful surviving spouse and beneficiary of his estate.

In her ruling, Justice Odusanya held that the marriage between Dr. Ajayi and Mrs. Ajayi remained valid and subsisting until his death. The court noted that their union, contracted under monogamous law, was never legally dissolved, stressing that separation alone does not terminate a valid marriage.

The court further rejected the assertion that Helen Prest contracted a Kalabari customary marriage with the late doctor. It found that she failed to present credible evidence to substantiate the claim, describing it as unconvincing and raised after the fact.

The judge also observed inconsistencies in Prest’s earlier statements across different legal proceedings, where she had variously described herself as a common-law partner and as being in a civil union with the deceased.

According to the court, key details required to establish a customary marriage, such as the date and place of the alleged ceremony, were not satisfactorily provided.

Counsel to the Ajayi family, Senior Advocate of Nigeria Kunle Adegoke, maintained that the marriage between the couple remained intact throughout Dr. Ajayi’s lifetime. The court upheld this position in its final decision.

The ruling concludes a closely followed inheritance dispute that lasted nearly five years within the Lagos judicial system.

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