One of the wives of the late Dr. Tosin Ajayi, Mrs Adenike Oluyemisi Ajayi, yesterday, told a Lagos High Court, Ikeja, that she never challenged or queried her husband, over his affair with Ms Helen Davies Ajayi during his lifetime.She stated this while being cross-examined by Mr. Abiodun Owonokoko, SAN, in the ongoing suit challenging management of the estate of Dr. Ajayi, who died in Lagos on April 26, 2020.
The Claimants, Mrs. Adenike Oluyemisi Ajayi, her children, Tomi Deru (Nee Ajayi Olumide Ajayi, Omolade Soetan (Nee Ajayi, Mayowa Okeowo (Nee Ajayi) and Bisola Ajayi had in suit number ID/3364LM/21 filed against Ms. Helen Davies, and her daughter, Tomisin Ajayi, prayed the court for an order of perpetual injunction restraining the 1st Defendant from interfering in the management of the Estate of Dr. Ajayi.Asked if she sought legal advice challenging the relationship from her daughter and in-laws who were lawyers, the witness said as an honourable woman, she saw many of them around her husband and she was not ready to fight.
When told that the late Dr. Ajayi had been living with Mrs. Helen Prest-Ajayi since 1997 till his death in 2020, and had openly recognised her as his wife, both at home and abroad, the witness said, “My husband had many of them as his side-chicks.”To solidify Mrs. Helen Ajayi’s Marital Legal Status, Owonokoko tendered many books written by the defendants, Mrs. Helen Prest-Ajayi, including newspapers, magazine publications were referring to her as “Mrs. Ajayi.”
The witness was also confronted with the defendant’s 50th birthday photographs which were lavishly spread in front pages of the celebrity Magazine, Ovation Magazine, Genevieve Magazine published in October 2007, and THISDAY Style Magazine, surrounded by the deceased and prominent Nigerians and her name was conspicuously mentioned as Mrs. Helen Prest-Ajayi.
She was, therefore, asked if she had at any time challenged the defendant to stop using her husband’s name.In response, she said it was a party and anybody could be present and Ajayi, being a common name, anybody could bear it.Question: Can you list these assets you have in mind from when you are married or identified from the period of when you were married until he when left the house?
Response: The late Dr. Ajayi didn’t leave the house but ‘was going up and down’.Among the assets listed were First Foundation Medical Engineering, 36 Opebi Road, Ikeja Lagos, a Residential Building at No. 6, Adedeji Close, Opebi, landed property at Awosanya Street, Opebi, landed property at AHOSA Estate, Salvation Army, Opebi, landed property at Akala Road, Isolo, Lagos, Uncompleted Building at Mafoluku Area, Oshodi, Also, a building at No. 6, Allen Avenue, Ikeja, a landed property at Chevron. The deceased also acquired landed property in Lekki, Elegushi and Lafia in Epe.
All these she claimed were acquired before 1986.Question: Which among the listed property do you want this honourable court to grant her?Response: Everything.Question: In all of these, which of them were registered or registered as personal property of the late Dr. Ajayi? Was First Foundation Medical Engineering registered in the name of the deceased? Also, was Chevron property registered in the name of First Foundation Medical Engineering likewise the one at Elegushi?Response: Mrs. Yemisi Apata said it was only the property in Lafia after Epe that were registered in the deceased name.Question: In all these listed properties, are there some registered as the joint owner?
Response: No. But those that were registered under First Foundation Medical Engineering belonged to both of us.Question: In this property, did you lease or sell in your capacity as a joint owner when the deceased was alive? Response: No.Question: Then after Dr. Ajayi died, you have had cause to sell some of the properties that led to the petition of your personal account being frozen by the EFCC?Response: Yes. The EFCC sent for me and I told them that the land belongs to me because I am a director in First Foundation Medical Engineering jointly owned by me and my late husband.
In her explanation on how the properties were sold, the witness said, “The land in Lekki was sold and the money was paid into my personal account. EFCC called and I explained my position the reason why the money was paid into my UBA account.“We created another account at UBA in my name which two buyers paid money into for this purpose only.”She was further asked: “How much in total did you receive for those property sold? Is it up to One Billion Naira? And when probed further, she said she couldn’t remember.
Owonokoko further asked that before you started selling the properties, are you aware that the defendant filed a notice that nobody should tamper with the property and you still went ahead and sell the property?“In a Caveat entered in July 2020 and a notice was written to Corporate Affairs Commission. This was in-between the death and the burial. The defendant had written to CAC that the owner of the property is dead and no transaction should take place on the property,” he said.
In defending her action, the witness said she was in the process of preparing letter of administration, when her lawyer found out that Mrs. Helen Prest-Ajayi and her three children had applied for letter of administration.
Asked if she was aware that the federal high court had restrained her from touching the assets of First Foundation Medical Engineering, because the order of injunction was still pending?
She said she was not aware.
However, Justice Oluwatoyin Odusanya, has fixed November 11 and 12, 2024 for further hearing of a suit challenging management of the estate of Dr. Ajayi.
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