The High Court sitting in Kumasi has declared that both Akosua Serwaa Fosuh and Priscilla Ofori were duly married to the late Ghanaian musician, Charles Kwadwo Fosuh, popularly known as Daddy Lumba.
The court, presided over by Justice Dorinda Smith Arthur, consequently, dismissed the claim of Akosua Serwaa in a suit which prayed the court to declare her as the sole wife of the late entertainer and to be the one to be allowed to perform the widowhood rites.
It was the view of Akosua Serwaa that the legendary Daddy Lumba married her under the Ordinance Law (Civil Marriage) and was, therefore, the only surviving wife of the musician.
Delivering her judgment in a packed court yesterday, the presiding judge said the two wives were customarily married to Charles Kwadwo Fosuh.
The court said the plaintiff, Akosua Serwaa Fosuh, failed to prove that she and her husband were married under the Ordinance Law, a situation which could have rendered the subsequent marriage between Charles Kwadwo Fosuh and Priscilla Ofori null and void.
The court added that the body of the deceased belonged to the family, and, therefore, ordered the family to go ahead with the funeral and allow both wives to perform the widowhood rites in honour of their late husband.
Declaration
The plaintiff, Akosua Serwaa, in the suit, asked the court to grant her the exclusive right to perform all widowhood rites.
She also sought an order from the court restraining Priscilla Ofori, aka Odo Broni, whom she accused of falsely presenting herself as the musician’s wife.
The other defendants in the suit were the Head of the Ekuona family at Parkoso in Kumasi, Abusuapanyin Kofi Owusu, and Transitions Funeral Home in Accra, where the body is being preserved.
Tense court premises
The entire premises of the court were besieged by supporters of both wives of the musician, who traded accusations and counter-accusations over the matter before the court.
Curiously, the Daily Graphic team spotted a mini truck, loaded with a public address system and a banner of Akosua Serwaa hanging on it, with a Disc Jockey blasting tunes of different genres.
The truck, the team gathered, was brought to the scene by supporters of Akosua Serwaa for the anticipated celebration in the event of a favourable verdict from the court.
The police did not take things for granted as they shored up their men and women, with riot control vehicles on standby.
On Tuesday, October 28, this year, the High Court in Kumasi gave the green light for Daddy Lumba's final funeral rites to proceed as planned.
It followed the dismissal of an interlocutory injunction application filed by one of the wives of the iconic Ghanaian musician to restrain the external family from going ahead with the final funeral rites.
The application was filed by Akosua Serwaa, wife of the celebrated musician, who prayed the court to restrain the family from going ahead with the funeral until certain matters were determined.
The presiding judge declared that under the Ghanaian customary law, the authority over a corpse rested entirely with the family.
The court said restraining the family would not serve the best interests of the family and the general public.
Meanwhile, the final funeral rites of the late musician have been widely advertised to be held on December 13 at the Baba Yara Sports Stadium in Kumasi.
Writer’s email: gilbert.agbey@graphic.com.gh
