Late Dr Tosin Ajayi
Former Minister of Science and Technology, Senator (Dr.) Adeleke Mamora, testified yesterday in an ongoing suit filed by his sister, Mrs. Adenike Oluyemisi Ajayi, before a Lagos High Court sitting in Ikeja.
The case involves a dispute over the management of the estate of late Dr. Tosin Ajayi, who passed away in Lagos on April 26, 2020.
At the resumed hearing, Mr. Kunle Adegoke SAN appeared for the claimants, while Mr. Abiodun Owonikolko SAN represented the defendants.
The claimants—Mrs. Adenike Oluyemisi Ajayi and her children, Tomi Deru (née Ajayi), Olumide Ajayi, Omolade Soetan (née Ajayi), Mayowa Okeowo (née Ajayi), and Bisola Ajayi—have filed Suit No. ID/3364LM/21 against Ms. Helen Davies and her daughter, Tomisin Ajayi.
They are seeking an order of perpetual injunction to restrain the first defendant, Ms. Davies, from interfering in the management of Dr. Tosin Ajayi’s estate.
During the proceedings, Dr. Mamora, who is the Second Claimant’s Witness, adopted his Statement on Oath, dated November 28, 2023, which was tendered as evidence before the court.
Under cross-examination by Mr. Owonikolko, Dr. Mamora revealed that he became suspicious of the relationship between Dr. Tosin Ajayi and Helen Prest-Ajayi at his niece’s wedding in the United Kingdom.
He recalled, “When my niece was getting married, I thought differently about the relationship between Dr. Tosin Ajayi and Helen Prest. I had seen her on several occasions before, but at that wedding, I was particularly furious because I felt she was trying to usurp my sister’s position.”
Dr. Mamora further stated that other friends, including Dr. Ore Falomo, former Lagos State Commissioner for Health, Dr. Jide Idris, had to intervened.
Asked how long he had known Helen Prest, Dr. Mamora explained that he had met her several times at events organized by Dr. Tosin Ajayi. However, when questioned about the absence of his sister, Mrs. Adenike Oluyemisi Ajayi, at those events, he responded, “That is not true.”
Dr. Mamora also testified that he was aware of Dr. Ajayi’s move to Sheraton Hotel in 1986, following the Dele Giwa bomb parcel incident, which necessitated increased security. He explained that for security reasons, Dr. Ajayi was not comfortable returning home frequently during that period.
When asked about Dr. Tosin Ajayi’s integrity, Dr. Mamora stated, “I cannot say Dr. Ajayi was not a man of integrity, but at the same time, I cannot claim to know everything he did.”
He also told the court that he was unaware of a lavish 50th birthday party thrown in 2009 by Dr. Tosin Ajayi for Helen Prest, which was attended by prominent individuals.
Earlier in his testimony, Dr. Mamora described himself as a medical practitioner by profession and a politician by vocation.
He explained that he was very close to Dr. Tosin Ajayi, who regarded him as a blood brother rather than a brother-in-law. He also mentioned that while he never visited Dr. Ajayi at his Ikoyi residence, they would regularly meet at the hospital.
Justice Oluwatoyin Odusanya adjourned the case and fixed February 5, 6, and 11, 2025, for further hearing.
Claimants’ in their statement of claim, averred that Mrs. Adenike Oluyemisi Ajayi is the only surviving spouse of Dr. Tosin Ajayi, who passed away on April 26, 2020.
They are 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 maintain that no traditional Yoruba marriage rites were performed.
The defendants argued that under Kalabari custom, the wife enjoys inheritance rights if the husband predeceases her, as is 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.
