By: Akua Oteng Amponsah
A Kumasi High Court has ruled that Akosua Serwaa and Priscila Ofori, popularly known as Odo Broni, are the two surviving wives of the late highlife legend Charles Kwadwo Fosuh, widely known as Daddy Lumba.
Akosua Serwaa Fosuh had asked the court to declare her the only surviving wife and the sole person entitled to widowhood rights. She further sought an order restraining Odo Broni from identifying herself as the musician’s wife and preventing the head of the Ekuona family from recognising her as such.
However, the court held that the plaintiff failed to discharge the burden of proof, particularly because she did not provide the original copies of her marriage certificate.
Presiding Judge, Her Ladyship Justice Dorinda Smith Arthur, noted that the evidence submitted “fell short of Sections 136 and 161,” which require the plaintiff to submit the original marriage certificate from the Bornheim Marriage Registry and the corresponding certification from the Ghana Embassy in Germany. Instead, what was provided was only an extract.
The court also ruled that under the Evidence Act, the plaintiff was required to present “a recognised German civil marriage expert” to testify, but she did not. The judge stated that civil marriage in Germany “could not have been done by conduct nor proof of photos, especially in the era of Photoshop.”
On the other hand, the court found no proof that the customary marriage between Akosua Serwaa and Daddy Lumba had been dissolved, as claimed by the first defendant, Abusuapanin Kofi Owusu. It described his evidence as inconsistent and unreliable.
The court further indicated that a letter allegedly issued by Mercer and Company to the plaintiff, where she was said to have threatened initiating divorce proceedings, did not constitute proof that divorce proceedings had actually begun.
The ruling leaves both Akosua Serwaa and Odo Broni legally recognised as the surviving wives of the late musician.
Background to the Case
After the death of Daddy Lumba on 26 July 2025, a bitter dispute erupted between two women who claim to be his rightful spouse.
Akosua Serwaa Fosuh filed a suit on 3 October 2025, asking the court to declare her as the only surviving lawful spouse, a claim based on a civil marriage she said she contracted with the musician in Bornheim, Germany, in 2004.
She also sought to restrain the head of the musician’s extended family, Kofi Owusu Fosu, and Odo Broni from claiming any right to funeral and widowhood rites.
The defendants opposed the claim, arguing that under customary practice, Serwaa’s marriage had been dissolved when she allegedly “returned the head drinks” to the family, a traditional act recognising separation, and that Odo Broni, who lived with Daddy Lumba for over 15 years and bore him six children, was the rightful widow.
What Happened in Court
On 25 November 2025, the court was presented with the supposed original civil-marriage documents from Germany, including notary-certified translations and associated paperwork, supporting Akosua
The defence challenged these documents, citing inconsistencies in font styles and notary signatures, arguing the evidence was submitted “at the eleventh hour.”
The presiding judge, Dorinda Smith Arthur, noted that under Ghanaian family law, simultaneous customary and civil marriages are redundant, as each is independently valid. This observation, made during the hearing, effectively opened the door to recognising multiple marital claims simultaneously.
With cross-examinations completed, the court reserved judgment. On the verdict day, it ruled that both women are to be recognised as spouses of Daddy Lumba, entitling them to certain marital rights and recognising their status in relation to funeral, estate and widowhood rites.
source: myjoyonline
