“Who Is the Real Wife?” — Battle Over Property of late  Dr Tosin Ajayi Sparks Legal Drama

Following the d3ath of the late founder and Chief Executive Officer of First Foundation Hospital, Dr Tosin Ajayi, on 26th April 2020, a legal dispute arose over who the lawful wife was and how his properties would be inherited.

The doctor had separated from his first legal wife many years earlier but did not formally dissolve the marriage in court before going on to marry another woman.

Under the law, the recognized wife is the one who is entitled to apply as executor of the estate, often alongside another family member, such as adult children or relatives if the children are still minors.

“Na so case start ooo on who is the legal wife.
First wife came back to take her position and the second wife say lai lai, over my D£@d body, you left him years ago and showed face when you hear say e don kpai….
Dem drag the matter go court since 2021.”

“Finally, case don end and judgement delivered by Justice Oluwayoyin Odusanya.
The court rejected the argument that the first wife prolonged separation from Doctor Ajayi amounted to a termination of their marriage.”

According to the judge, separation—no matter how long it lasts—does not automatically end a legally valid marriage under the Act.

Justice Odusanya also held that the alleged customary marriage to the second woman would still be invalid, as evidence showed that Mrs Ajayi was still legally married to her former husband, Mr Davies, at the time the second woman claimed to have married Dr Ajayi.

As a result, the court dismissed her claim to spousal status and affirmed Mrs Ajayi as the only legally recognised spouse of the deceased.

The court further ruled that Mrs Ajayi is entitled to one third of Dr Ajayi’s personal estate and is the only spouse qualified to apply for letters of administration over the estate.

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