Helen Prest, daughter appeal judgment recognising Adenike as Tosin Ajayi’s sole widow

Helen Prest-Ajayi, former beauty queen, and Tomisin Ajayi, her daughter have filed an appeal against the judgment of the Lagos State High Court which declared Adenike Oluyemisi Ajayi the sole lawful widow of the late Tosin Ajayi, founder of First Foundation Hospital.

In a notice of appeal dated June 18 and filed at the Court of Appeal in Lagos, the appellants asked the appellate court to set aside the June 17 ruling delivered by Justice Oluwatoyin Odusanya.

They argued that the trial court made several erroneous findings regarding Prest-Ajayi’s marital status, the legitimacy of Tomisin Ajayi, the authenticity of documentary evidence relied upon by the claimants, and the distribution of the deceased’s estate.

The dispute arises from a long-running legal battle over the estate of the late Ajayi, who died in April 2020. Adenike Ajayi and her children had approached the court seeking a declaration that she remained the only lawful wife of the deceased and was entitled to administer his estate.

Delivering judgment, the Lagos High Court ruled that Adenike’s statutory marriage to the deceased was still valid and had not been dissolved, adding that separation did not terminate a legal marriage. The court also rejected Prest-Ajayi’s claim of a valid customary marriage, holding that she failed to prove its existence.

The court further held that even if such a marriage existed, it would still be invalid, noting that Prest-Ajayi remained legally married to her former husband.

Odusanya also ruled that Adenike was entitled to a share of the estate and was the only spouse qualified to apply for letters of administration.

However, in their appeal, Prest-Ajayi and her daughter argued that the trial court wrongly described her as a “mistress” of the deceased, insisting that an earlier consent judgment had recognised both women as co-wives.

They also challenged the court’s findings on Tomisin Ajayi’s status, arguing that she was wrongly described as born outside wedlock. According to them, she was born within a long-term marital relationship and supported by documentary evidence, including a UK birth certificate.

The appellants further disputed the validity of Adenike’s marriage certificate, claiming that no official registry record was produced to confirm it and that the court relied on an unverified photocopy.

They also faulted the court for granting reliefs they said were not sought by the parties, particularly in describing Prest-Ajayi’s relationship with the deceased and making pronouncements on estate distribution, which they argued should be handled by estate administrators and probate authorities.

Prest-Ajayi and her daughter urged the Court of Appeal to set aside the judgment, uphold their defence, and dismiss the suit filed by Adenike and her children, adding that additional grounds of appeal may be filed upon receipt of the certified true copy of the judgment.