Helen Prest-Ajayi’s Mother Affirms Daughter’s Marriage to Late Tosin Ajayi

Wale Igbintade

Ninety-year-old Mrs. Ella Prest, mother of former beauty queen, Mrs. Helen Prest-Ajayi, yesterday, testified before a Lagos High Court, affirming her daughter’s marriage to late Dr. Tosin Ajayi in 1996 under the Kalabari Native Law and Custom with her full consent and blessing.

Mrs. Prest made the affirmation during ongoing proceedings concerning the management of Dr. Ajayi’s estate.

Dr. Ajayi, who passed away on April 26, 2020, left behind a complex legal battle between his estranged wife, Mrs. Adenike Oluyemisi Ajayi, and Mrs. Prest-Ajayi, as well as their daughter, Tomisin Ajayi.

The claimants, led by Mrs. Adenike Oluyemisi Ajayi and her children (Tomi Deru, Olumide Ajayi, Omolade Soetan, Mayowa Okeowo, and Bisola Ajayi), have filed a lawsuit (Suit No. ID/3364LM/21) against Mrs. Helen Prest-Ajayi and her daughter, Tomisin Ajayi, seeking declarations regarding the estate and inheritance rights.

In contrast, the defendants, led by Mrs. Prest-Ajayi, contended that Mrs. Ajayi had been estranged from Dr. Ajayi for over 35 years before his passing and that the deceased had undergone a traditional Kalabari marriage to Mrs. Prest-Ajayi, entitling her to inheritance rights.

At the resumed hearing of the matter, Mrs. Ella Prest, the first defence witness, recounted that Dr. Ajayi expressed his intentions to marry her daughter in a letter dated March 14, 1996.

In the letter, Dr. Ajayi described his love for Mrs. Prest-Ajayi and his commitment to making her happy, asserting that their union would be based on the love of God and would ensure a stable, peaceful home.

Excerpts from the letter read in the open court stated: “Mum, I am sure about this and you have it in writing. I love Helen with a passion and she knows it.

“I pray to God to give me the wisdom and knowledge and everything I need to love and care for and make her a happy woman, which she deserves to be. We will both go for the stars and make you very proud.

“We have both from the beginning made the love of God the sure foundation of our family and nothing will be able to stop us from achieving a stable, peaceful home.

“I will care for her to your satisfaction. I will not take her from you, rather you will also have me as part of your support and you will be proud of us all.”

The witness confirmed that after receiving Dr. Ajayi’s proposal, all necessary Kalabari customs were observed, and she gave her consent to their marriage.

Mrs. Prest further testified that the marriage produced three children, with only Tomisin Ajayi surviving.

She explained that she had spent significant time with the couple, including staying at their homes in Nigeria and London.

In 2014, she spent an extended period with them at their London residence,  emphasising that the couple had lived peacefully and had fulfilled all the necessary traditional rites to solidify their union.

During cross-examination, Mrs. Prest reiterated that the marriage was conducted in accordance with Kalabari custom.

When asked by the claimants’ counsel, Mr. Adegoke, about wedding photographs, Mrs. Prest explained that she did not have any with her in court.

Justice Oluwatoyin Odusanya adjourned the case to February 11, 2025, for further hearing.

In their statement, claimants averred that Mrs. Adenike Oluyemisi Ajayi was the only surviving spouse of Dr. Tosin Ajayi, who passed away on April 26, 2020.

They were seeking the following declarations: “That Mrs. Ajayi is entitled to the personal chattels and one-third of Dr. Tosin Ajayi’s estate.

“That the claimants and the second defendant (Tomisin Ajayi) are entitled to apply for and obtain Letters of Administration of the estate.

“That Ms. Helen Davies, the first defendant, is not entitled to any share in the estate or personal chattels of Dr. Tosin Ajayi.”

However, in their defence, the defendants claimed that Mrs. Adenike Oluyemisi Ajayi was estranged from Dr. Tosin Ajayi for approximately 35 years before his death.

They asserted that after their separation, Dr. Ajayi spent the next decade living alone until he met the first defendant, Helen Prest-Ajayi.

Following a courtship, Dr. Ajayi expressed his intention to marry Helen Prest, and they underwent traditional marriage rites according to Kalabari custom.

The defendants maintained that no traditional Yoruba marriage rites were performed, but that under the Kalabari custom, the wife enjoys inheritance rights if the husband predeceases her, as was the case with Dr. Tosin Ajayi.

They further contended that the deceased and the first defendant had performed all the requisite Kalabari traditional marriage rites.