A Kumasi High Court, presided over by Justice Dorinda Smith-Arthur, on Friday, November 28 has ruled that Akosua Serwaa Fosuh cannot be declared the sole surviving spouse of the late highlife legend, Daddy Lumba. The judge held that the evidence presented did not prove her claim beyond a reasonable doubt.
The ruling follows a long-standing family dispute over which widow was lawfully entitled to perform the widowhood rites of the celebrated musician. The case became necessary after conflicting claims emerged from the two women who both identified as spouses of the late singer.
During proceedings, the court established that Priscilla Ofori, widely known as Odo Broni, was customarily married to Daddy Lumba before his passing. This finding was based on testimony and evidence presented by both families.
The court also acknowledged that Akosua Serwaa was customarily married to the musician. However, a German marriage certificate she submitted to support her claim of a civil marriage was rejected. Justice Smith-Arthur noted that the document was merely an extract and not the original certificate, making it insufficient proof of a valid civil marriage.
Following her assessment of the evidence, Justice Smith-Arthur ruled that both women should be recognised as surviving wives. She further directed that the Abusuapanyin must acknowledge them during the performance of all funeral and widowhood rites.
The judge emphasised that there should be no obstruction or delay in the removal and burial of the late Daddy Lumba. She reminded all parties that funeral processes must continue peacefully and in accordance with established customs.
Earlier, the court dismissed an injunction application by Akosua Serwaa which sought to halt funeral arrangements being made by the extended family. The judge reiterated that under Ghanaian customary law, the body and burial rites of a deceased person fall under the authority of the matrilineal family.
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