High Court Rules That Daddy Lumba’s Body Belongs to His Family, Not His Partner
A Kumasi High Court has ruled that the body of the late Ghanaian highlife legend, Charles Kwadwo Fosuh, popularly known as Daddy Lumba, belongs to his family and not his partner, bringing a temporary end to a heated legal battle over who has the right to bury the music icon. The ruling, delivered by Justice Dorinda Smith Arthur, reaffirmed that under Ghanaian customary law, the matrilineal family of a deceased person holds the ultimate authority over funeral rites, regardless of the form of marriage contracted.
The case, which has gripped national attention, stems from an injunction application filed by Akosua Serwaa, who identified herself as the only surviving wife of the late musician. She sought to prevent the head of Daddy Lumba’s family, Priscilla Ofori (also known as Odo Broni), and Transitions Funeral Home from moving the musician’s body or conducting burial rites without her consent. The plaintiff claimed she had a valid Civil Ordinance Marriage certificate issued in Germany, making her the lawful spouse and sole person with the right to make funeral decisions.
Lawyer for the plaintiff, William Kusi, argued for nearly an hour, presenting several legal authorities including the 2024 Practice Direction, insisting that the application was legitimate and filed within the stipulated time frame. He contended that since Akosua Serwaa’s marriage to the musician was legally recognized under German law, it invalidated any claims of marriage by other women in Ghana. Kusi emphasized that the certificate of marriage proved her sole spousal right and therefore granted her the legal authority over her late husband’s remains.
However, the defendants’ counsel, led by Dominic Kwadwo Osei, representing the head of family, Abusuapanin Kofi Owusu, and assisted by lawyers from Baba Jamal & Associates, strongly countered the argument. They challenged the authenticity and admissibility of the purported marriage certificate, claiming that it was presented in Dutch and failed to meet Ghana’s legal evidentiary standards. The defence cited Section 8 of the Evidence Act, arguing that the document should have been certified by both the German authorities and Ghana’s consul in Hamburg before being translated by an approved institution in Ghana. Without these certifications, they insisted, the certificate could not be recognized in a Ghanaian court.
Counsel for the Transitions Funeral Home also contended that the plaintiff failed to meet the evidential burden required by Section 11 of the Evidence Act. They argued that no substantial evidence had been produced to justify halting the funeral preparations being undertaken by the family, who under customary law, hold primary responsibility for burial arrangements.
In her ruling, Justice Dorinda Smith Arthur cited Order 25, Rule 1(1) of the High Court (Civil Procedure) Rules, 2004, emphasizing that her decision must be “just and convenient.” After reviewing the submissions from both sides, she dismissed the injunction application, holding that under Ghana’s legal tradition, a person’s body reverts to the matrilineal family upon death. The ruling effectively grants Daddy Lumba’s family full rights to proceed with funeral and burial plans.
Speaking to the press after the ruling, Lawyer Dominic Kwadwo Osei expressed satisfaction with the court’s decision. “It has been by dint of hard work from the team. As the judge read the ruling, I was confident in our position. We had an objective, to ensure that any impediment, such as this injunction, would be denied by the court for the proper burial to proceed,” he stated. He further added that the family was relieved the matter had been settled in their favour, describing the ruling as a victory for customary justice. “It also means victory for the family. What it means is that now we can bury this giant of a musician and then look at other matters,” he said.
The courtroom proceedings were marked by intense exchanges between counsel, with emotional reactions from both the plaintiff’s and the defendant’s supporters. Family members of the late musician, including his sister, Ernestina Fosuh, were present at the court premises, visibly emotional but relieved after the verdict.
Meanwhile, the substantive case, in which Akosua Serwaa seeks to be officially recognized as the only surviving legal wife of Daddy Lumba, remains pending before the court. The Human Rights Division of the High Court has set November 14, 2025, for case management and November 25, 2025, for the ruling on the substantive matter.
The case has reignited public debate about the intersection between customary and statutory marriage laws in Ghana. Legal experts note that while statutory marriages are recognized, customary law remains dominant in matters of death, inheritance, and burial rights, especially in matrilineal societies. Justice Smith Arthur’s ruling underscores this principle, reminding the public that the family’s authority over a deceased person’s remains cannot be overridden by foreign-issued marriage certificates unless duly validated under Ghanaian law.
As preparations continue for the burial of the highlife legend, the ruling clears the path for the family to give Daddy Lumba a befitting send-off. Yet, questions linger over how the substantive case will affect his posthumous legacy and whether reconciliation between the musician’s family and his alleged surviving partner will be possible before the final rites.
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