Court confirms Adenike Ajayi as the only legal widow of Tosin Ajayi

The Lagos State High Court in Ikeja has named Adenike Ajayi as the only legal widow of the late Tosin Ajayi, who was the founder and Chief Executive Officer of First Foundation Hospital. The court made this decision on Wednesday. Judge Oluwayoyin Odusanya agreed with all the requests made by Mrs Ajayi and her children.

The judge dismissed the claims from former beauty queen Helen Prest, who also said she was married to the late doctor. This ruling is a strong decision in a case that started right after Mr Ajayi passed away on 26 April 2020. Those unhappy with the ruling can still appeal it in a higher court.

Before this judgement, the disagreements had turned from a fight over inheritance into a major argument about who could be seen as his surviving spouse.

The long legal battle

Adenike Oluyemisi Ajayi and her children, Tomi Deru, Olumide Ajayi, Omolade Soetan, Mayowa Okeowo and Bisola Ajayi, went to court with Suit No. ID/3364LM/21. They wanted the court to declare that Mrs Ajayi was the only legal wife of the deceased. They also asked to manage his estate and to get one-third of it.

Ms Prest and her daughter, Tomisin Ajayi, opposed this case. They claimed that Mr Ajayi had been separated from Mrs Ajayi for many years before he died. They also said he had a valid Kalabari customary marriage with Ms Prest.

The legal battle involved many applications, witness testimonies and cross-examinations that kept the case ongoing in court until the final ruling.

In 2025, after Ms Prest was cross-examined by Kunle Adegoke, a Senior Advocate of Nigeria who represented the claimants, Judge Odusanya set 10 February for final written addresses. The judge praised the lawyers from both sides for their professionalism in a case that was very contested.

Conflicting stories about the relationship

During cross-examination, Ms Prest said she met Mr Ajayi in 1996 while working as a lawyer. She claimed their relationship became a Kalabari customary marriage. She insisted that the late doctor had been living alone for years before they met and denied any ongoing marriage with Mrs Ajayi.

Ms Prest also claimed she attended a family wedding and sat beside Mr Ajayi, saying she was recognized as his wife. But the claimants disagreed, saying Mrs Ajayi was the only legal spouse and that no valid marriage happened between Mr Ajayi and Ms Prest.

Arguments over estate claims

This case gained public attention in 2021 when some reports claimed that a court had given Ms Prest 50 percent of Mr Ajayi’s estate. Mrs Ajayi’s children quickly denied these reports as false.

In a statement reported by The Guardian, Olutomi Deru and Omolade Soetan said the court had only given interim orders in an ongoing case, not a final decision. They explained that the orders allowed Ms Prest and her daughter to pursue their claims while temporarily stopping Mrs Ajayi from managing the company until the case was settled.

What the court decided

In its final judgement, the court ruled that Mrs Ajayi was still legally married to Mr Ajayi at the time of his death. The judge found that their marriage was never ended. The court rejected the argument that being apart for a long time could end a marriage.

“Separation, no matter how long, does not dissolve a valid marriage unless there is a formal dissolution,” the court said, supporting Mr Adegoke's argument that the marriage was valid until Mr Ajayi passed away.

A key issue was Ms Prest’s claim of a Kalabari customary marriage. The court found she did not provide credible evidence for it. Judge Odusanya noted inconsistencies in her statements, including calling herself a common-law partner and then saying she was in a civil-law union with the deceased.

The court also mentioned that she couldn't prove important details needed for a customary marriage claim, such as when and where it supposedly happened, and she did not provide any documents or photos as evidence.

Moreover, the court stated that even if such a marriage had happened, it would still be invalid because it showed Ms Prest was still legally married to her former husband, Mr Davies, when she claimed to have married Mr Ajayi.

The court rejected Ms Prest’s claims completely and confirmed Mrs Ajayi as the only legally recognized widow of the deceased. It also upheld Mrs Ajayi’s right to one-third of Mr Ajayi’s personal estate and ruled that she is the only person allowed to apply for letters of administration over the estate.