By Ghazali Ibrahim
A Lagos High Court has declared the first wife of the late founder and Chief Executive Officer of First Foundation Hospital, Dr. Tosin Ajayi, as his only legally recognised spouse, bringing to an end a protracted legal battle over the administration of his estate.
Dr. Ajayi died on April 26, 2020, without leaving a will, triggering a dispute between his first wife and another woman who also claimed to be his wife.
The case, which commenced in 2021, centred on who was legally entitled to be recognised as the deceased’s spouse and who could administer his estate.
Delivering judgment, Justice Oluwayoyin Odusanya rejected arguments that the many years of separation between Dr. Ajayi and his first wife amounted to the dissolution of their marriage.
The judge held that under the Marriage Act, separation alone does not terminate a valid statutory marriage, regardless of how long the parties have lived apart.
According to the court, a marriage contracted under the Act remains valid until it is formally dissolved by a competent court.
Justice Odusanya also dismissed the claim of the second woman, who had argued that she was married to the deceased under customary law.
The court found that the alleged customary marriage was invalid, noting that evidence showed the woman was still legally married to her former husband, identified as Mr. Davies, at the time she claimed to have married Dr. Ajayi.
As a result, the court ruled that she could not be recognised as the deceased’s spouse.
The judgment affirmed Mrs. Ajayi as the only legally recognised wife of the late medical practitioner and upheld her right to one-third of his personal estate.
The court further ruled that she is the sole spouse entitled to apply for letters of administration over the estate.
The ruling is expected to influence the distribution of Dr. Ajayi’s assets, which will now be administered in accordance with applicable inheritance laws due to the absence of a will.
Legal observers say the judgment reinforces the principle that statutory marriages remain valid until formally dissolved by a court and highlights the potential consequences of failing to obtain a legal divorce before entering into another marital relationship.
