The appeal, dated June 18 , 2026 and filed before the Court of Appeal, Lagos, seeks to overturn the June 17 , 026 judgment delivered by Justice Oluwatoyin Odusanya.
Background of the Dispute
The legal battle stems from a long‑running dispute over the estate of Dr. Ajayi, who died in April 2020. Adenike Ajayi and her children had approached the Lagos High Court seeking a declaration that she remained the only lawful wife of the deceased and was entitled to administer his estate.
Justice Odusanya ruled that:
--Adenike’s statutory marriage to Dr. Ajayi was never dissolved,
--Separation, no matter how long, does not end a valid marriage,
--Helen Prest‑Ajayi failed to prove her claim of a Kalabari customary marriage,
Even if such a marriage existed, it would be invalid because she was still legally married to her former husband, Mr. Davies, at the time.
The court therefore declared Adenike the sole lawful widow and entitled to one‑third of the deceased’s personal estate, as well as the only person qualified to apply for letters of administration.
Grounds of Appeal
In their appeal, Helen Prest‑Ajayi and Tomisin argue that the trial court
---Made erroneous findings on Helen’s marital status,
---Wrongly questioned Tomisin’s legitimacy,
---Failed to properly evaluate evidence presented,
---Ignored an earlier consent judgment from January 2021 which they say recognised Helen and Adenike as co‑wives,
----Wrongly described Helen as a “mistress” despite contrary evidence.
They also challenge the court’s reliance on the marriage certificate presented by Adenike, arguing that its authenticity was disputed and not verified by the marriage registry.
The appellants further contend that the trial court exceeded its jurisdiction by making pronouncements on the distribution of the estate, insisting that the case before the court was limited to determining who was entitled to apply for letters of administration.
Helen Prest‑Ajayi and her daughter have asked the Court of Appeal to Set aside the entire judgment, Dismiss the suit filed by Adenike Ajayi and her children,and
Allow them to file additional grounds of appeal once they obtain the certified true copy of the judgment...
I dont get it, why fighting over properties?why did the man not write a will?
Ooh dear Me 🤧
ReplyDeleteWhy all this now? Helen should have prepared herself very well before ...
No Will ?????
Hmmmmm, I have some questions for lawyers in the house.
Delete1. Has cohabitation of over 20years not gone beyond just concubine?
2. Is there no part of the law that says when a woman leaves her matrimonial home for over a certain no of years, she's no longer considered a wife?
I like that this is a wake up call to every intending "concubine ' though.
Na woooo
ReplyDeleteHello iya Boys
Helen Ajayi please you know in your heart you lost this case abeg. This is an example to women who live with men without being married. Marry according to Nigerian law and make sure you are properly divorced before you enter another arrangement. She is still bearing her husbands surname AJAYI and want another man's property.
ReplyDeleteEasy, Abuja babe. Ajayi is the surname of the deceased doctor whose estate is being contested.
DeleteAnon@14:54 thanks for the correction 🙏. That is why e no good to read fast before commenting.
DeleteSeriously serious
ReplyDeleteHmmmmm!!
A Great Lesson
Imagine if the man was poor?
ReplyDeleteDon't mind some of these men
ReplyDeleteSee the wahala he left behind.
Wahala
ReplyDeleteWho don dai don reborn somewhere else sef as a baby while una deh here deh drag properties
Nonsense
Na wah!!! Helen should just accept her L and keep it moving. I really hope this serves as deterrent to women in her situation now. Get your marriage notarized to save yourself from a public disgrace like this.
ReplyDeleteNo will? No property in your name Helen, nah waaa.
ReplyDeleteLove go just carry some women go where them no know.
ReplyDeleteWell, in my opinion they should just consider Helen's daughter.
There is lots of unlawful rubbish going on in Nigeria. A man is legally married, then asshole psycho side chicks will get pregnant, do traditional marriage, born pick, add man’s last name to their names, even to travel documents. How do they even do all that legally in Nigeria. Too much corruption and fraud as well… so because you caught a stray husband illegally, the court should disregard the actual existing law regarding court wedding? Say wetin happen. Then what is the essence of getting married the proper way. If you like cohabit for billion years, the law is still the law!
ReplyDelete👍👍
DeleteIts so sad and heart breaking, kind of disappointing that a so called trained and educated lawyer like Helen who studies abroad didn't do her due deligience, no legal investigations. in a situation like this just date and go with this type of a man.. and what's so shameful about it is that she was parading her self as MRS HELEN PREST AJAYI, when you knew deep down the doctor nor send at all, ordinary white, and red cloth or kolanut he did not take to your family or community elders .. parading herself in all the major post nigerian magazine as this fantastic family, surronding Dr Ajayi with her daugther, if i tell you a lot of people didn't know his previous chuildren as much as they saw helen's in magazine. best thing to do is to accept the verdit, call peace and apologise to the family, please with the first wife and dr Ajayi's first son for the sake fer daugther she had with him
ReplyDeleteOjukwu is the only man I’ve seen that did well by his side chick. These old takers know what they’re doing. If you think otherwise just wait and see.
ReplyDeleteI remember reading about a billionaire that got married in one of these small islands and divorced his wife there before going back to America. 9 years down the line, she filed for divorce and finds out that she has been divorced already. Apparently the country they wedded allows you to divorce a spouse without informing them. True or not, it should serve as a warning