The High Court, General Jurisdiction 5, Kumasi, presided by the learned High Court Justice, Her Ladyship Justice Mrs. Dorinda Smith Arthur (PhD) has dismissed the claims of Akosua Serwaa, that she is the only lawfully wedded wife of Charles Kwadwo Fosu alias Daddy Lumba.

In her 74-paged Judgment, the learned High Court Justice applied a salad of laws ranging from marital law, conflict of laws to the law of evidence to dismiss the evidence submitted by the Plaintiff, Akosua Serwaa suggesting an Ordinance marriage between her and Daddy Lumba.

STAR OF THE MONTH - Professor Philip Ebow Bondzi-Simpson ESQ.

Ghanaian Law, Not German Law

According to the Court, the Plaintiff, Akosua Serwaa whose case was waged by the learned William Kusi, failed to supply an expert witness as required under the law of evidence to prove through the expert witness that the marrigae between the Plaintiff-1st Wife and Daddy Lumba was contracted under German Law.

In application of Judicial precedent from the Supreme Court including the 2021 case of AMA SERWAA v. GARIBA HASHIMU & ANOR [TLP-SC-2021-30], and section 40 of the Evidence Act, the Court held that the law applicable to the contract of marriage between Daddy Lumba and the Plaintiff, Akosua Serwaa was that of Ghanaian Law.

Akosua Serwaa deserts Lumba

The High Court after a careful analysis of the evidence also held that the failure of Akosua Serwaa to visit Daddy Lumba for almost 15 to 19 years since Lumba came to stay in Ghana amounted to dissertion or abandonment.

The Court also held that the marriage certificates submitted to the Court by the Plaintiff had inconsistencies in dates and the signatories of the certificates. The Court also held that the certificate provided to the Court was an extract and not a certified true copy of a certificate of the marriage.

Widowhood rites

According to the decision of the Kumasi High Court, the Family of Daddy Lumba shall have the right to determine which of the Wives of Daddy Lumba shall perform widowhood rites of the deceased musician.