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Kalabari Customary Marriage Cited — Prest-Ajayi Tenders Marriage Evidence, Photos, Letters In Estate Battle Over Late Dr. Tosin Ajayi

by Vincent Uju
July 6, 2025
in News
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Kalabari Customary Marriage Cited — Prest-Ajayi Tenders Marriage Evidence, Photos, Letters In Estate Battle Over Late Dr. Tosin Ajayi
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Former beauty queen, Mrs. Helen Prest-Ajayi, yesterday testified before a Lagos High Court, presenting volumes of documents and pictorial evidence to establish her 25-year marriage to the late Dr. Tosin Ajayi, Managing Director of First Foundation Medical Engineering Company, who passed away on April 26, 2020.

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She told the court that their marriage was conducted in 1996 under Kalabari Native Law and Custom, with her full consent and the blessing of her family.

Mrs. Prest-Ajayi gave her testimony during ongoing proceedings before Justice Oluwatoyin Odusanya, which concern the management of Dr. Ajayi’s estate.

The claimants in the suit – Mrs. Adenike Oluyemisi Ajayi and her children (Tomi Deru, Olumide Ajayi, Omolade Soetan, Mayowa Okeowo, and Bisola Ajayi) – filed Suit No. ID/3364LM/21 against Mrs. Helen Prest-Ajayi and her daughter, Tomisin Ajayi.

They are seeking declaratory reliefs regarding the estate and inheritance rights of the deceased.

In response, the defendants – led by Mrs. Prest-Ajayi – argue that Mrs. Adenike Ajayi had been estranged from Dr. Ajayi for over 35 years before his death. They maintain that the deceased had undergone a traditional Kalabari marriage with Mrs. Prest-Ajayi, which confers inheritance rights on her.

At the resumed hearing, Mrs. Prest-Ajayi, led in evidence by her counsel, Abiodun Owonikoko, SAN, tendered several documents, including a letter dated March 14, 1996, written by the late Dr. Ajayi to her mother, expressing his intention to marry her.

Earlier in her testimony, the witness informed the court that she is a published author of several educational books and has practised law for many years.

She also presented a series of photographs, including images of her mother, Mrs. Ella Prest, with Dr. Ajayi and their daughter, Tomisin Ajayi. Additional photos submitted included those of the family celebrating Mother’s Day, and another with Dr. Ajayi, Senator Olorunnimbe Mamora, and Mrs. Prest-Ajayi.

Other exhibits included publications in Ovation Magazine and ThisDay Style from her 50th birthday celebration, featuring her with Dr. Ajayi and other dignitaries.

She also submitted a Punch Newspaper interview in which Dr. Ajayi publicly referred to her as his wife.

Furthermore, Mrs. Prest-Ajayi tendered correspondence with the daughter of the first claimant, Mrs. Adenike Ajayi, in which she was addressed as “Mama” and thanked for her role during her wedding.

She also submitted a petition addressed to the Attorney-General of Lagos State, alleging the sale of a 21-hectare parcel of land located in the Chevron area of Lekki, Lagos, by the first claimant.

Another document presented was a letter to the Ministry of Interior requesting authentication of a Marriage Certificate dated July 6, 1974, purportedly presented by Mrs. Adenike Ajayi.

She testified the ministry replied it could not authenticate the certificate unless the original document was produced.

Mrs. Prest-Ajayi also tendered the medical death certificate of Dr. Ajayi, issued by St. Nicholas Hospital.

Justice Odusanya admitted all the tendered documents into evidence and adjourned the case to November 3, 2025, for cross-examination by the claimants’ counsel, Mr. Kunle Adegoke, SAN.

In their statement of claim, the claimants asserted that Mrs. Adenike Oluyemisi Ajayi is the only surviving spouse of Dr. Tosin Ajayi, who died on April 26, 2020.

They are seeking a declaration that she is entitled to the personal chattels and one-third of the deceased’s estate.

They also seek a declaration that Mrs. Helen Ajayi, the first defendant, is not entitled to any share of Dr. Ajayi’s estate or personal belongings.

Tags: special reports

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