A Federal High Court sitting in Lagos has declared that a former Miss Nigeria, Helen Prest-Ajayi, is entitled to 50 per cent of the net assets of her late husband, Dr Tosin Ajayi.
Justice Tijjani Ringim gave the ruling on Tuesday in a suit by Miss Tomisin Ajayi and Mrs Helen Prest-Ajayi as the first and second applicants, which was filed through their counsel, Mr Abiodun Owonikoko (SAN).
The first to fourth respondents in the suit are the First Foundation Medical Engineering Company Limited; Registrar-General of the Corporate Affairs Commission; Mrs Oluwayemisi Ajayi; and Mr Patrick Abak, a lawyer.
First Foundation Medical Engineering Company Limited is owned by the late Dr Tosin Ajayi.
The judge granted the 13 reliefs sought by the applicants following the respondents’ failure to controvert them.
They include that Prest-Ajayi is “entitled to 50 per cent (or so much as the court may sanction upon audit and valuation) constituting the net assets of the firm, after satisfying all just taxes and debts as family and investment partner of Dr Tosin Ajayi from 1996 till 26 April, 2020 to the exclusion of Mrs Oluwayemisi Ajayi, among others.
Justice Ringim also held, “Despite the service of processes filed on the respondents and affidavits of service duly filed in court, the respondents failed to use the opportunity afforded to them by law to controvert the averment of the plaintiff in the affidavits.
“However, it is a settled law that evidence not controverted is deemed admitted. All the reliefs sought in this application are hereby granted as prayed.”
According to the application, Dr Ajayi was a renowned medical doctor, businessman and philanthropist before his demise on April 26, 2020.
He was married to Oluwayemisi and they had children but were separated for 35 years before his demise.
In the course of the separation, he married former Miss Nigeria, Helen Prest-Ajayi and they had a child who lived with Dr Prest-Ajayi until his demise.