Court Delivers Verdict In Dr. Tosin Ajayi’s Estate Battle And Claim Of Legal Wife After 5 Years
A Lagos State High Court in Ikeja has ruled that Adenike Oluwayemisi Ajayi is the sole legally recognized widow of the late founder and Chief Executive Officer of First Foundation Hospital, Dr. Tosin Ajayi, bringing an end to a prolonged legal dispute over his marital status and estate.
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According to judicial proceedings, Justice Oluwayoyin Odusanya delivered the judgment on Wednesday, granting all the 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 legal battle began in 2021, following the death of Dr. Ajayi on April 26, 2020, with both parties laying claim to spousal status and rights over his estate. After nearly five years of litigation, the court concluded that Mrs. Ajayi remained legally married to the renowned medical practitioner until his death.
In her ruling, Justice Odusanya emphasized that the couple’s extended period of separation did not amount to the dissolution of their monogamous marriage, stressing that separation alone cannot terminate a valid marriage without a formal legal process.
The court agreed with the submissions of counsel representing Mrs. Ajayi and her children, affirming that the marriage between the late doctor and Mrs. Ajayi remained valid throughout his lifetime.
A key issue in the case centered on Helen Prest’s assertion that she entered into a Kalabari customary marriage with Dr. Ajayi. However, the court held that she failed to provide credible evidence to substantiate the claim.
Justice Odusanya described the alleged customary marriage as an afterthought, pointing out inconsistencies in Prest’s previous legal positions, where she had alternatively described herself as a common-law partner and, at another time, as being in a civil-law union with the deceased.
The court further noted that Prest was unable to establish critical details of the alleged customary marriage, including its date and venue, and failed to produce documentary or photographic evidence to support her claim.
Additionally, the court ruled that even if such a customary marriage had taken place, it would have been invalid because evidence showed that 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 all her claims to spousal status and affirmed Mrs. Ajayi as the only lawful spouse of the late hospital founder.
The judgment also upheld Mrs. Ajayi’s entitlement to one-third of Dr. Ajayi’s personal estate and declared that she is the only spouse legally qualified to apply for letters of administration over the estate.
The ruling effectively settles the dispute at the High Court level and reinforces the legal principle that a valid marriage remains intact despite prolonged separation unless it is formally dissolved.