A Federal High Court sitting in Lagos on Tuesday, September 7, ruled that former Miss Nigeria and widow of the Late Dr. Tosin Ajayi , Founder of the multi-billion First Foundation Medical Centre, Helen Prest-Ajayi, and her two daughters are entitled to 50 percent of the deceased’s net assets.
Ajayi, 68, died on 26th April 2020, only to be buried on 11th February 2021, with the delay owing to a sharp disagreement between Helen and the deceased’s estranged first wife and five children.
On Tuesday, Justice Tijjani Ringim ruled that the former Miss Nigeria, Mrs. Helen Prest-Ajayi, was entitled to half of her late husband’s assets.
Filed by Helen and one of the two daughters Helen had with the deceased, Miss Tomisin Ajayi, the case was pushed by their counsel Mr. Abiodun Jellili Owonikoko (SAN).
Helen herself has three daughters, Tiffany-Annabelle Davies, for her first husband and businessman Jimmy Davies, whom she divorced, and Ted Ajayi and Tomisin Ajayi for Dr. Ajayi, with whom she lived with for over 20 years.
The suit had as 1st to 4th Respondents: First Foundation Medical Engineering Company Ltd, Registrar-General of the Corporate Affairs Commission (CAC); Mrs Oluwayemisi Ajayi; and Mr. Patrick Abak, a lawyer.
Following the respondents’ failure to file a counter-response, the Judge awarded all the 13 prayers sought by the Applicants, according to reports gathered from “The Nigerian Lawyer.”
They included that Prest-Ajayi is entitled to 50 percent (or so much as the Court may sanction upon audit and valuation) of the net assets of First Foundation, after satisfying all just taxes and debts as family and investment partner of Dr. Tosin Ajayi, from 1996 till 26th April 2020, to the exclusion of Mrs. Oluwayemisi Ajayi (first wife of Dr Tosin Ajayi with whom he had five children).
The ruling also granted a perpetual injunction restraining the said Mrs. Oluwayemisi Ajayi from running the firm and from handling the assets and properties belonging to the late Medical Doctor.
Justice Ringim said: “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 are deemed admitted.
“In consideration of the Applicant’s motion on notice and the affidavits in support and exhibits attached together with the legal submissions of senior counsel for the Applicant Jellili Owonikoko SAN, all the reliefs sought in this application are hereby granted as prayed.
“Applicant to file undertaking as to damages in the event it turned out that this order ought not to be made in the circumstances.”
Before this new development that asserted victory for Helen Prest Ajayi
