Helen Prest-Ajayi, a former beauty queen, and her daughter, Tomisin Ajayi, have challenged a Lagos High Court judgment that declared Adenike Oluyemisi Ajayi the sole lawful widow of the late Dr. Tosin Ajayi, founder of First Foundation Hospital.
In a notice of appeal filed on June 18 before the Lagos Division of the Court of Appeal, the appellants are asking the court to overturn the June 17 ruling delivered by Justice Oluwatoyin Odusanya.
They argued that the trial court made several errors in its findings, particularly on Prest-Ajayi’s marital status, the legitimacy of her daughter, Tomisin, and the validity of evidence presented during the case.
The dispute arises from a long-standing legal battle over the estate of Dr. Ajayi, who died in April 2020, with multiple parties laying claim to his properties and marital status.
In its earlier judgment, the Lagos High Court had ruled that Adenike’s statutory marriage to the deceased was still valid, stating that it was never legally dissolved and that separation did not end a lawful marriage.
The court also dismissed Prest-Ajayi’s claim of a customary marriage, adding that even if such a marriage existed, it would be invalid because she was still legally married to another man at the time.
It further held that Adenike was entitled to a share of the estate and was the only person qualified to apply for letters of administration.
However, in their appeal, Prest-Ajayi and her daughter argued that the court ignored a prior consent judgment which allegedly recognised both women as co-wives of the deceased.
They also disputed the court’s characterisation of Prest-Ajayi and insisted that her relationship with the deceased spanned over two decades, during which they had children together.
On the issue of Tomisin’s status, the appellants maintained that she was born within a long-term marital relationship and should not be described as a child born out of wedlock, citing documentary evidence including a UK birth certificate.
They also challenged the validity of the statutory marriage relied upon by Adenike, arguing that the marriage certificate was not properly verified and that no official registry record was produced in court.
Another key ground of appeal is the claim that the trial judge granted reliefs that were not requested by any of the parties, particularly regarding descriptions used for Prest-Ajayi and conclusions about her relationship with the deceased.
The appellants are asking the Court of Appeal to set aside the judgment, dismiss the suit filed by Adenike and her children, and uphold their defence, while reserving the right to file additional grounds of appeal after obtaining the certified court record.
