Estate Dispute: Daughter Affirms Kalabari Marriage Between Ajayi, Helen Prest

Wale Igbintade

Tomisin Ajayi, daughter of the late Dr. Tosin Ajayi, yesterday, testified before the Lagos High Court, affirming that her parents were married under Kalabari Native Law and Custom.

She made this assertion during the ongoing legal proceedings over the management and inheritance of Ajayi’s estate.

Tomisin maintained that her previous statements, one before the Federal High Court describing her parents’ relationship as a common-law partnership, and another before the Lagos High Court affirming a Kalabari traditional marriage are not contradictory.

The claimants in the case, Mrs. AdenikeOluyemisiAjayi and her children (TomiDeru, OlumideAjayi, OmoladeSoetan, MayowaOkeowo, and BisolaAjayi), are challenging the estate rights of Mrs. Helen Prest-Ajayi and her daughter, Tomisin.

They filed Suit No. ID/3364LM/21 seeking declarations on inheritance and estate management.

However, the defendants, led by Mrs. Prest-Ajayi, argued that Mrs. Ajayi was estranged from Dr. Ajayi for over 35 years prior to his death and that Dr. Ajayi formally married Mrs. Prest-Ajayi under Kalabari custom, thereby entitling her to inheritance rights.

During cross-examination by the claimants’ counsel, Mr. KunleAdegoke SAN, Tomisin, who studied in the United Kingdom for about 10 years testified that her understanding of a common-law partnership does not negate the validity of a traditional Kalabari marriage.

She said she was aware of her father’s estrangement from Mrs. AdenikeAjayi and confirmed that her parents lived together at No. 39 Glover Road, Ikoyi, Lagos, until her father’s passing.

When asked whether she possessed a certificate of separation to support her claim that her father and Mrs. Ajayi had been apart for over 35 years, she said no such certificate was available.

Responding to questions about the estate administration application she filed jointly with her mother, Tomisin noted that all of Dr. Ajayi’s children, including those from Mrs. AdenikeAjayi, were included in the application.

In her written testimony, Tomisin stated that she was familiar with the family situation, noting that her father had lived alone for ten years after separating from Mrs. Ajayi before meeting and eventually marrying her mother, Helen Prest, under Kalabari traditional rites.

 “From the time I gained awareness as a child until my father’s passing, my parents lived together as husband and wife,” she testified.

 “They attended social events and family functions as a couple. My father publicly and officially recognised my mother as his wife.”

She further asserted that there had been no interference or challenge from the first claimant regarding the relationship between her parents.

The court proceedings were adjourned till July 3, 2025.

Related Articles