The Kumasi High Court Five has dismissed an injunction application filed by Madam Akosua Serwaah, who claims to be the legal wife of the late highlife legend Charles Kwadwo Fosu, popularly known as Daddy Lumba.
The application sought to halt funeral arrangements for the late musician, but the court’s decision now gives the Fosu family full authority to proceed with preparations for the burial, scheduled for December 6, 2025, in Kumasi.
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Her Ladyship Dorinda Arthur, presiding over the case, ruled that the decision was based on the Balance of Convenience principle, which weighs the potential harm or benefit of granting an injunction.
She explained that an injunction could only be granted if the plaintiff would suffer greater or irreparable harm should the application be denied. However, considering the cost of keeping the deceased’s body in the morgue and the broader public interest, the court found it unjustified to restrain the funeral.
“Restraining the funeral from occurring will not benefit the family and the public. It shall be just and convenient not to accept the application,” Her Ladyship Arthur stated.
Her Ladyship further clarified that a marriage is dissolved either through divorce or the death of one of the parties. Once a person passes on, the marriage is deemed broken, and the extended family assumes full responsibility for the funeral and burial, regardless of the type of marriage performed.
The court’s decision followed the withdrawal of an earlier application by the first defendant, Abusua Panin Kofi Owusu, who had sought to challenge the plaintiff’s capacity as the legal wife of the deceased.
The judge, together with counsel for all three parties, has set dates for the Directions, Case Management Conference, Hearings, and final Verdict to determine the legitimacy of Madam Akosua Serwaah’s claim as the legal wife of the late musician.
The next court sitting has been scheduled for Friday, October 31, 2025, to give directions for the case.
