Former Miss Nigeria, Helen Prest-Ajayi, has lost her legal bid to be recognised as the lawful widow of the late founder of First Foundation Hospital, Dr Tosin Ajayi, following a judgment by a Lagos High Court sitting in Ikeja.
Justice Oluwatoyin Odusanya, who delivered the judgment on Wednesday, declared Mrs Adenike Oluyemisi Ajayi as the sole lawful wife and widow of the late medical practitioner, dismissing Prest-Ajayi’s claims to the deceased’s estate.
The suit was instituted by Adenike and her children, who challenged Prest-Ajayi’s assertion that she was the only wife of Dr Ajayi and therefore entitled to rights over his estate.
The suit was instituted by Adenike and her children, who challenged Prest-Ajayi’s assertion that she was the only wife of Dr Ajayi and therefore entitled to rights over his estate.
Dr Ajayi died on April 26, 2020, leading to a protracted legal dispute over the administration of his estate and the status of the women associated with him.
During the proceedings, Prest-Ajayi claimed she entered into a traditional Kalabari marriage with the late doctor in 1996 under native law and custom. She presented photographs showing Ajayi with members of her family and argued that Adenike had long been separated from the deceased, making her the de facto spouse.
However, the court held that separation, regardless of its duration, does not dissolve a valid marriage under Nigerian law. Justice Odusanya ruled that Adenike remained legally married to Ajayi until his death and was therefore his only lawful wife. The judge also found that Prest-Ajayi failed to prove the existence of the alleged customary marriage, noting that she did not provide sufficient evidence, including details of the date and venue of the purported ceremony.
The court further observed that Prest-Ajayi was still legally married to her former husband, Davies, at the time she claimed to have contracted the customary marriage with Ajayi. Describing the claim as an afterthought, the judge pointed to inconsistencies in her earlier court filings, 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.
Justice Odusanya consequently ruled that Adenike is entitled to one-third of the deceased’s personal estate and remains the only person qualified to apply for letters of administration over the estate. The court granted all the reliefs sought by Adenike and her children, while dismissing Prest-Ajayi’s claim to recognition as the late doctor’s spouse.
