Following the death of the celebrated Ghanaian musician Charles Kwadwo Fosuh, popularly known as Daddy Lumba, a dispute arose over who was legally entitled to be recognized as his
surviving spouse and to perform his widowhood rites.
The Plaintiff, Akosua Serwaah Fosuh, claimed to be the only lawful wife of the deceased, relying primarily on an alleged civil marriage contracted in Germany in 2004. She sought declarations to exclude Priscilla Ofori (2nd Defendant) from being recognized as a widow.
The Defendants opposed the claim, contending that the Plaintiff’s marriage had been customarily dissolved and that the deceased had subsequently married Priscilla Ofori under customary law in 2010, with whom he lived until his death and had six children.
The Court’s Decision
The High Court rejected the Plaintiff’s claim that she was the only surviving spouse of the late Charles Kwadwo Fosuh (Daddy Lumba) and declined to grant her exclusive rights to perform widowhood rites. The court upheld the customary marriage status of the 2nd Defendant (Priscilla Ofori) and recognized her as the lawful surviving wife under customary law and further ordered the family of Daddy Lumba to allow both women to perform the widowhood rite during his burial and funeral.
Key Reasons Behind the Court’s Decision
- Failure to Properly Prove the German Civil Marriage
The Plaintiff relied on a German marriage certificate, but:
- It was not authenticated as required by Sections 136 and 161 of the Evidence Act.
- It lacked consular certification from the Ghana Embassy.
What was presented as the “original” turned out to be merely an extract from a registry book. The court held that foreign law is a question of fact and must be proven by expert evidence, which the Plaintiff failed to provide.
As a result, the alleged monogamous civil marriage in Germany was not legally established before the court.
- Foreign Law Was Not Proved by Expert Testimony
The Plaintiff did not call any expert on German law to explain the nature of civil marriage under German law and whether such marriage was strictly monogamous. As a result the court applied the presumption under Section 40 of the Evidence Act that foreign law is the same as Ghanaian law, but this was insufficient to validate the certificate presented without authentication required.
- Proof of Customary Marriage with the 2nd Defendant
The Evidence showed that the deceased publicly held out Priscilla Ofori as his wife for over 15 years. They lived together as husband and wife, had six children, and cohabited at East Legon. She was recognized at state functions, funerals, and public events as his wife. A witness also testified to the customary marriage ceremony between the deceased and the 2nd defendant in April 2010.
- Abandonment and Breakdown of the Earlier Marriage
The court found credible evidence that the Plaintiff lived apart from the deceased for over a decade. She also demanded property settlement through lawyers and, at a point during the lifetime of the deceased, allegedly presented customary dissolution drinks to the family of the deceased, and this was accepted.
The court also emphasized the fact that the mere intention to divorce does not equal dissolution, but the surrounding facts pointed to a complete marital breakdown.
- Customary Law and Widowhood Rites
An expert’s evidence confirmed that under Ashanti custom, only a customarily married wife can perform widowhood rites. It was also noted that widowhood rites are spiritual and customary, not merely symbolic. The witness also stated that the decision as to who performs widowhood rites depends mostly on the family of the deceased.
Legal Significance of the Court’s Ruling
- Reaffirms that foreign marriages must be strictly authenticated before Ghanaian courts. Unauthenticated foreign documents have no probative value in Ghanaian courts.
- Confirms that customary marriage remains legally potent, especially in funeral and family matters.
- Reinforces the principle that cohabitation, children, and public recognition can support proof of customary marriage.
- Clarifies that widowhood and funeral rites are governed strictly by customary law, not personal claims or public sentiments.