Mrs. Oluyemisi Ajayi, wife of the Late Dr. Tosin Ajayi of First Foundation, and her five children have filed a suit in the Lagos High Court seeking an order that Mrs Oluyemisi Ajayi and Dr. Ajayi’s children (including, Tomisin Ajayi, Helen Prest’s daughter) are the only ones entitled to share in the late medical doctor’s estate, with Mrs Ajayi entitled to one-third and the children to two-thirds of the estate.
In essence, Mrs. Ajayi and her children are asking the Court to rule that Helen Prest (sued as “Ms. Helen Davies”) has no interest whatsoever in Dr. Ajayi’s estate. The suit, which was commenced on September 17, 2021 by an Originating Summons, was filed on their behalf by Falana & Falana’s Chambers.
Mrs. Oluyemisi Ajayi and her children are also asking the Court to declare that the only persons entitled to apply for and obtain letters of administration in respect of the estate, are; herself and Dr. Ajayi’s children (including Tomisin Ajayi, Helen Prest’s daughter).
Relatedly, they are also asking the Court for an order of perpetual injunction restraining Helen Prest and anyone acting on her behalf from interfering with the estate.
According to the Originating Summons, their claims are based on Section 46 of the Administration of Estates Law of Lagos State Cap. A5 2015.
In the Affidavit in support of the Originating Summons deposed to by Mrs. Oluyemisi Ajayi, she alleged that Helen Prest has been meddling in the estate’s affairs since Dr. Ajayi’s death, allegedly diverting the sum of N30 million Naira (proceeds of a land sale by Dr. Ajayi) into her personal account while Dr. Ajayi was still on the hospital bed. And also by selling and attempting to sell several of the deceased’s properties. She further alleged that Helen Prest was only her husband’s mistress.
According to Mrs. Ajayi, Helen Prest’s affair with her husband started while Helen Prest was still married to Jimmy Davies. The Affidavit goes on to state that Helen Prest had published in many newspapers that she was the surviving spouse of the deceased. Mrs. Ajayi further stated that her lawyers had to file a caveat to halt an application for the grant of letters of administration for the estate that had been commenced by Helen Prest. On their part, Mrs Ajayi stated that, at their instruction, their lawyers had invited Tomisin Ajayi to join her other siblings in applying for the grant of letters of administration for the estate.
The suit is yet to be assigned to a judge for determination.