A high court in Kumasi has adjourned to Tuesday 28 October a case filed by Akosua Serwaa Fosuh, wife of the late Ghanaian highlife legend Daddy Lumba (aka Charles Kwadwo Fosuh), who is seeking legal recognition as the musician’s only surviving spouse and the sole person entitled to perform widowhood rites at his funeral, scheduled to take place in December.
At Thursday’s proceedings, lawyers for the defendants (representatives of the Fosu royal family and adjuncts) informed the court that they had filed two motions.
One motion challenges the legal capacity of Akosua Serwaa to bring the matter before the court. The second motion is to condition appearance, which seeks to determine whether the participation of Priscilla Ofori (Ɔdɔ Broni), second wife and consort to Daddy Lumba at the time of his death, should be limited or subject to specific terms in the case.
The court did not hear the motion on legal capacity, however, as it signalled that the motion had not been brought before it. The court also heard that the plaintiff (now defendants) had not been served.
The condition appearance motion, which in effect questions the basis for involving Ɔdɔ Broni in the suit, is expected to be heard within 14 days, in line with court procedure.
Counsel for Akosua Serwaa objected, arguing that the injunction is ripe for hearing and insisting that “that is the business before the court today”.
However, the presiding judge, Justice Dorinda Smith Arthur, ordered that the motion be heard pending a determination of the substantive case.
Adjourning the case, the judge nonetheless encouraged the parties to resolve the matter peacefully.
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