AKOSUA SERWAAH FOSUH v. ABUSUAPANIN KOFI OWUSU & ORS
2025
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE DR. DORINDA SMITH ARTHUR
Areas of Law
- Family Law
- Evidence Law
- Civil Procedure
- Conflict of Laws
- Probate and Succession
2025
HIGH COURT
GHANA
CORAM
AI Generated Summary
The High Court, per Her Ladyship Justice Dr. Dorinda Smith Arthur, resolved a widely watched dispute over the surviving spouse status of the late musician Charles Kwadwo Fosuh (Daddy Lumba). Akosua Serwaah Fosuh sought recognition as the sole surviving spouse and the exclusive right to perform widowhood rites, while the Ekuona family head and Priscilla Ofori opposed, asserting D2’s customary marriage and longstanding cohabitation with the deceased. Although the Plaintiff alleged a 2004 German civil marriage, the court held her documentary evidence lacked authentication and certification under the Evidence Act and did not bear signatures of the parties, thus had no probative value. Uncontroverted evidence established that the Plaintiff was customarily married in 1991 and D2 was customarily married in 2010. The court further found the deceased’s domicile and habitual residence were in Ghana and clarified that widowhood rites are governed by Ashanti customary law and determined by the family. The court declared both women surviving spouses and ordered the family head to recognize both to perform widowhood rites, making no order as to costs.
"We can do nothing against the truth, but for the truth."
2 Corinthians 13:8. NKJV
[1] This is a case in which Akosua Serwaah Fosuh, the Plaintiff herein, seeks a declaration that she is the only surviving spouse of the late Charles Kwadwo Fosuh, aka Daddy Lumba, and as such the only person entitled to perform the widowhood rites of the deceased. She seeks an order from the court to restrain the head of family of the deceased from ever dealing with the 2nd Defendant, Priscilla Ofori as spouse of the deceased and a further order restraining Priscilla Ofori, from carrying herself as a surviving spouse of the late Charles Kwadwo Fosuh aka Daddy Lumba. The Plaintiff alleges that, she and the deceased married at the Civil Marriage Registry in Germany in 2004 and that their said marriage subsisted until the demise of Daddy Lumba on July 26, 2025.
[2] The Defendants opposed the claims in its entirety and deny that the Plaintiff contracted any valid marriage with the deceased in Germany. The documents tendered in by the Plaintiff were challenged for their authenticity, validity, stating that they suffer from irregularities. The defendants, however, contended that Priscilla Ofori was married customarily by the late Daddy Lumba, bore six children with him, and was the only person who took care of him during his long illness until his demise.
[3] Also the Defendants contended that the deceased Daddy Lumba showcased Priscilla Ofori as his wife publicly for more than fifteen years and as a married wife of Daddy Lumba she is entitled to be his surviving widow.
This case has generated great interest and sentiments from the general public in Ghana and abroad.
[4] The Plaintiff filed a writ of summons out of the registry of this court on 2nd October, 2025 against the Defendants jointly and severally for the following reliefs:
An order of this Honourable Court declaring that the Plaintiff is the only surviving spouse of the late Charles Kwadwo Fosuh a.k.a Daddy Lumba.
An order of this court declaring that, it is only the Plaintiff who has the right to perform the widowhood rites of the late Charles Kwadwo Fosuh aka Daddy Lumba.
A further order restraining the 1st Defendant from ever dealing with the 2nd Defendant as spouse of the deceased.
An order restraining the 2nd Defendant from carrying herself as the surviving spouse of the late Charles Kwadwo Fo