Daddy Lumba Property Struggle Deepens as Akosua Serwaah Heads to Court of Appeal

Introduction

The legal battle over the estate of the late highlife legend Charles Kwadwo Fosu, popularly known as Daddy Lumba, has escalated following a significant procedural move by one of the claimants. Akosua Serwaah has officially filed an appeal at the Court of Appeal in Kumasi, challenging a landmark High Court ruling that recognized both her and Priscilla Ofori (also known as Odo Broni) as lawful surviving spouses. This development marks a new chapter in the Daddy Lumba property struggle, moving the dispute from the initial trial court to a higher judicial authority. The core of the appeal centers on the validity of a marriage certificate presented by Ms. Serwaah and the interpretation of marital laws in Ghana.

The controversy highlights the complexities surrounding estate planning, customary law, and statutory marriage in Ghana. As fans and stakeholders watch closely, this case serves as a pivotal reference point for how the judiciary interprets the Evidence Act and the Marriage Ordinance in the context of celebrity estates. The appellant seeks to overturn the previous decision, arguing that the High Court made specific errors in law and fact regarding her marital status.

Key Points

To understand the gravity of this legal dispute, it is essential to look at the fundamental arguments presented by the parties involved. The appeal filed by Akosua Serwaah is not merely a procedural formality; it challenges the very foundation of the High Court’s decision.

The Appeal Filing

Akosua Serwaah has petitioned the Court of Appeal in Kumasi to set aside the judgment delivered by the High Court on November 28, 2025. Her legal team argues that the lower court erred in its assessment of the evidence provided.

Admissibility of the Marriage Certificate

A central point of contention is the marriage certificate tendered by Ms. Serwaah. She contends that the High Court improperly rejected this document and erroneously declared it inadmissible. This rejection was critical to the court’s finding that she was not married under the Marriage Ordinance.

Interpretation of the Evidence Act

Ms. Serwaah argues that the High Court committed an error of law by holding that she failed to meet the requirements of the Evidence Act, 1975 (NRCD 323). She believes the court applied the wrong legal standards to the admission of her documentary evidence.

Desired Outcome

The ultimate goal for the appellant is a reversal of the High Court’s decision. She is asking the appellate court to declare her the sole lawful surviving spouse of Daddy Lumba, effectively disqualifying the claim of Priscilla Ofori.

Background

The genesis of this legal struggle lies in the passing of the highlife icon Daddy Lumba. In the absence of a publicly disputed will, the determination of who qualifies as the legitimate surviving spouse became necessary for the administration of his estate. This led to a lawsuit filed by Akosua Serwaah seeking exclusive legal recognition.

The High Court Ruling

On November 28, 2025, the Kumasi High Court, presided over by Justice Dr. Dorinda Smith Arthur, delivered a judgment that surprised many. The court dismissed Ms. Serwaah’s suit, in which she had sought a declaration that she was the exclusive surviving spouse. The court found that the evidence presented did not support a claim of a sole statutory marriage.

The Basis for Dual Recognition

The High Court’s reasoning was based on the nature of the unions. The court noted that documentary evidence showed Daddy Lumba was married to Akosua Serwaah under customary law (often referred to as customary marriage). Under Ghanaian law, customary marriage is potentially polygamous. Consequently, the court found that Daddy Lumba’s subsequent marriage to Priscilla Ofori (Odo Broni) was also valid. This legal principle allows a man to marry more than one woman under customary law, provided the necessary rites are performed. Therefore, the High Court declared both Akosua Serwaah and Priscilla Ofori as the legally recognized surviving spouses.

Analysis

The Daddy Lumba property struggle is more than a family dispute; it is a case study in Ghanaian family law. The appeal brings to the forefront the tension between statutory marriage and customary marriage.

Customary vs. Statutory Marriage

In Ghana, the Marriage Ordinance provides for a monogamous union. If a couple marries under this ordinance, the law prohibits either party from contracting another marriage during the lifetime of the other. However, a marriage under customary law does not carry this restriction. The High Court found that the union between Daddy Lumba and Akosua Serwaah was customary. Therefore, it did not bar him from entering into a subsequent marriage, which he apparently did with Priscilla Ofori.

The Role of the Evidence Act

The appeal hinges significantly on the Evidence Act, 1975 (NRCD 323). This act governs what documents and testimony are admissible in Ghanaian courts. Akosua Serwaah’s argument is that she satisfied the conditions to admit her marriage certificate as proof of a valid union. If the Court of Appeal agrees that the High Court misapplied the Evidence Act, the factual landscape of the case could change. For example, if the certificate proves a statutory marriage rather than a customary one, the ruling regarding the “sole surviving spouse” status would likely be upheld, or rather, the ruling regarding the validity of the second marriage might be overturned.

Legal Implications for the Estate

Legally, if the Court of Appeal upholds the High Court’s decision, both women are entitled to shares of the estate according to the rules of intestacy in Ghana. If Ms. Serwaah succeeds in proving she was the sole statutory wife, she would likely claim the entirety of the estate to the exclusion of Ms. Ofori. This makes the appeal high-stakes for all parties involved.

Practical Advice

While the Daddy Lumba case is specific to the parties involved, it offers valuable lessons for the general public regarding estate planning and marriage registration.

Clarify Your Marital Status

To avoid future property struggles, couples should clearly define their marital status. If a couple intends to be in a monogamous relationship, they should marry under the Marriage Ordinance and ensure the certificate is properly filed and accessible. If the relationship is customary, it is advisable to document the performance of the rites clearly.

Documentary Evidence is Key

As highlighted in the Key Points section, the admissibility of documents is crucial in court. Always keep certified copies of marriage certificates, birth certificates, and wills. In the event of a dispute, the burden of proof lies on the person making the claim (the plaintiff) to provide admissible evidence.

Seek Legal Counsel Early

For individuals with significant assets, consulting a lawyer to draft a will is the most effective way to prevent protracted court battles. A valid will can override the default rules of intestacy that currently apply to the Daddy Lumba estate. Without a will, the Intestates’ Succession Law applies, which can be complex when multiple spouses are involved.

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Conclusion

The legal saga involving the estate of Daddy Lumba continues to evolve with Akosua Serwaah’s appeal to the Court of Appeal in Kumasi. This case underscores the importance of understanding the distinctions between Ghana’s various forms of marriage and the evidentiary standards required in court. As the appellate court prepares to hear the arguments, the outcome will not only determine the distribution of the late musician’s assets but also potentially set a precedent for future disputes involving customary and statutory unions. The resolution of this Daddy Lumba property struggle is keenly awaited by the public and legal observers alike.