Mrs Helen Prest Ajayi and her daughter, Tomisin Ajayi, have filed an appeal against a Lagos State High Court judgment concerning the estate of the late Dr. Tosin Ajayi.

The appeal challenges the court’s findings that Helen was merely a mistress to the deceased and that Tomisin was born out of wedlock. The appellants argue these findings contradict a previous consent judgment that recognised Helen as a co-wife.

According to the appeal, relevant evidence was overlooked — including Tomisin’s birth certificate and testimonies confirming her legitimacy. The appellants also claim the court exceeded its jurisdiction by offering unintended relief and making decisions on how the estate should be shared, instead of simply determining who has the right to administer it.

A motion has also been filed for a stay of execution of the judgment, citing concerns that moving forward could prejudice the appeal, especially given the complexity of the estate and ongoing legal battles surrounding it.

Separation does NOT end a legal marriage.

No matter how many years a husband and wife have lived apart, they remain legally married until a court grants a divorce.

Mrs Adenike Ajayi remained Dr Ajayi’s lawful wife until his death.

Helen Prest’s claim of being a customary wife was rejected by the court.

The court declared Mrs Adenike Ajayi the only legally recognised widow.

She is entitled to one-third of the late doctor’s personal estate and is the only spouse qualified to apply for the administration of his estate.

Additional fact from the case: The court also noted that even if the alleged customary marriage had been proven, it would still have been invalid because evidence showed that Helen Prest was still legally married to another man, Mr. Davies, at the time she claimed to have married Dr Ajayi.