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The Lagos State High Court sitting in Ikeja has ruled that Adenike Oluwayemisi Ajayi is the only and legitimate widow of the deceased founder and Chief Executive Officer of First Foundation Hospital, Dr. Tosin Ajayi.
It was reported that the judgement ends a long-running legal dispute over the deceased’s marital status and estate.
Justice Oluwayoyin Odusanya, delivering judgment on Wednesday, granted all the reliefs sought by Mrs. Ajayi and her children, dismissing the claims by former beauty queen Helen Prest that she was also a spouse of the deceased medical practitioner.
The matter, which arose in 2021 after the death of Dr Ajayi on April 26, 2020, was over the estate of the deceased and the status of his surviving spouse.
The court’s verdict came after a trial that lasted almost five years.
Justice Odusanya held that Mrs. Ajayi was still legally married to Dr. Ajayi at the time of his death, that their monogamous marriage was never dissolved.
The court dismissed arguments that the couple’s long separation amounted to a break-up of the marriage.
Separation does not automatically end a legally valid marriage, even if it is of long duration, the judge said.
The court agreed with the submission of counsel to the claimants, Mr. Kunle Adegoke (SAN) that the marriage between Dr. and Mrs. Ajayi subsisted during the lifetime of the deceased.
A key issue in the case was Helen Prest’s claim that she had contracted a customary marriage with Dr. Ajayi under Kalabari custom.
The court, however, found that she had not provided any credible evidence to support the claim.
Justice Odusanya described the claim of customary marriage as an afterthought and noted that Prest had adopted inconsistent positions in earlier proceedings.
The court noted that in past lawsuits she had identified herself as a common-law partner and, at another time, as being in a civil-law union with the deceased.
The judge also ruled that Prest had not proved crucial elements of the purported customary marriage, such as the date and place of the ceremony.
The court said that there was no evidence in the form of documents or photographs to support her claim.
The court also held that the alleged customary marriage would have been invalid in any event, as the evidence before the court showed that Prest was still legally married to her former husband, Mr. Davies, at the time of her alleged marriage to Dr. Ajayi.
As a result, the court dismissed her claim to spousal status and upheld Mrs Ajayi as the only legally recognised spouse of the deceased.
Justice Odusanya also affirmed Mrs Ajayi’s right to one third of the personal estate of Dr Ajayi and held that she is the sole spouse entitled to apply for letters of administration over the estate.
The ruling effectively closes the chapter on the dispute at the High Court and maintains the legal position that separation is not enough to break a valid marriage without a formal dissolution.
The ruling saw Mrs Ajayi and her children get all reliefs sought in the suit, while Helen Prest’s claims to recognition as a spouse of the late hospital founder were rejected in their entirety.
