A Lagos High Court sitting in Ikeja has dismissed the claim by former beauty queen Helen Prest-Ajayi that she is the only surviving widow of the late Tosin Ajayi, founder of First Foundation Hospital.
Ajayi passed away on April 26, 2020.
The case arose from a suit filed by Adenike Oluyemisi Ajayi and her children, who challenged Prest-Ajayi’s assertion that she was the deceased’s sole wife and also contested her claim over his estate.
During earlier proceedings, Adenike described Prest-Ajayi as a concubine, while Prest-Ajayi insisted she was lawfully married to Ajayi under Kalabari native law and custom in 1996, with the consent of her family.
She also tendered photographs allegedly showing Ajayi with members of her family as part of her evidence. Prest-Ajayi further argued that Adenike had left the matrimonial home and that she had become the primary spouse due to long-term separation.
However, delivering judgment on Wednesday, Justice Oluwatoyin Odusanya ruled against Prest-Ajayi.
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The court held that Adenike Oluyemisi Ajayi remains the lawful wife of the deceased, stating that separation, regardless of duration, does not dissolve a valid marriage under Nigerian law.
The judge also rejected Prest-Ajayi’s claim of a customary marriage, noting that she failed to provide sufficient proof, including details such as the date and venue of the alleged ceremony.
According to the court, even if the alleged marriage had been established, it would still be invalid, as evidence showed that Prest-Ajayi was still legally married to her former husband, Davies, at the time.
Justice Odusanya described the claim as an “afterthought” and highlighted inconsistencies in Prest-Ajayi’s earlier testimonies.
She noted that in previous filings, Prest-Ajayi had variously described herself as a common-law partner and at another point as being in a civil-law union with the deceased.
The court further ruled that Adenike is entitled to one-third of Ajayi’s personal estate and is the only person qualified to apply for letters of administration over his property.
The judgment effectively settled the dispute at the trial court level, granting Adenike and her children all the reliefs they sought, while dismissing Prest-Ajayi’s claim to recognition as the late hospital founder’s wife.
Prest-Ajayi, who became Miss Nigeria in 1979 and represented the country at Miss World the same year, has three daughters, one of whom she shares with the late Ajayi.