A Lagos-based High Court has declared Mrs. Adenike Oluwayemisi Ajayi the only legally recognized widow of the late founder and Chief Executive Officer of First Foundation Hospital, Dr. Tosin Ajayi, putting a lasting end to the protracted legal battle over his marital status and estate.
In a landmark judgment delivered on Wednesday, Justice Oluwayoyin Odusanya granted all the reliefs sought by Mrs. Ajayi and her children, while dismissing the claims of former beauty queen Helen Prest, who had claimed to be a spouse of the late medical practitioner.
The legal dispute began in 2021 following Dr. Ajayi’s death on April 26, 2020, with both sides presenting competing claims over his estate and the status of his surviving spouse.
After years of proceedings, the court ruled that Mrs. Ajayi’s monogamous marriage to Dr. Ajayi remained valid until his death, rejecting arguments that their long separation amounted to a dissolution of the union.
Justice Odusanya held that separation, regardless of its duration, cannot terminate a legally recognized marriage without a formal divorce or lawful dissolution.
The court upheld the argument of counsel to Mrs. Ajayi, Mr. Kunle Adegoke, SAN, that the marriage between the deceased and his wife remained intact throughout Dr. Ajayi’s lifetime.
A key issue before the court was Helen Prest’s claim that she had entered into a Kalabari customary marriage with Dr. Ajayi. However, Justice Odusanya dismissed the claim, describing it as unsupported by credible evidence.
The judge noted that Prest had presented inconsistent accounts in previous legal proceedings, where she had described herself at different times as a common-law partner and as being in a civil-law relationship with the deceased.
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The court further held that she failed to establish fundamental details of the alleged customary marriage, including the date, venue, and other requirements, while also failing to provide documentary or photographic evidence to support the claim.
Justice Odusanya added that the alleged customary marriage would have been invalid, as evidence before the court 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 rejected Prest’s claim to spousal status and affirmed Mrs. Ajayi as the sole lawful widow of the late hospital founder.
The court also ruled that Mrs. Ajayi is entitled to one-third of Dr. Ajayi’s personal estate and remains the only spouse with the legal right to apply for letters of administration over the estate.
The judgment brings a major chapter in the family’s legal dispute to a close at the High Court level, reaffirming that a valid marriage remains legally binding until formally dissolved.
THE LIBERATION NEWS
