Daddy Lumba's body belongs to the family, not the spouse-Kumasi High Court
In her decision, Justice Smith Arthur held that Ghanaian customary law governs such matters, and that the matrilineal family of the deceased retains entitlement to the body and all associated funeral rites.
The Kumasi High Court has ruled that under Ghanaian law, the body of a deceased person belongs to the family and not the spouse, reaffirming the application of customary principles in matters of death and burial — regardless of the form of marriage contracted.
The ruling, delivered by Her Ladyship Justice Dorinda Smith Arthur, arose during the hearing of an interlocutory injunction filed by Madam Akosua Serwaa Fosuh, who sought to restrain the family of the late highlife legend Charles Kwadwo Fosuh, popularly known as Daddy Lumba, from proceeding with his funeral arrangements.
At the heart of the dispute was whether a legally married partner has control over the body and funeral rites of a deceased spouse — or whether, under customary law, those rights rest with the extended family.
In her decision, Justice Smith Arthur held that Ghanaian customary law governs such matters, and that the matrilineal family of the deceased retains entitlement to the body and all associated funeral rites.
The injunction was filed by Akosua Serwaa Fosuh, who identifies herself as Daddy Lumba’s only surviving legal wife, on grounds that she holds a Certificate of Civil Ordinance Marriage issued in Germany.
She petitioned the court to restrain the family head, Abusuapanin Kofi Owusu Fosuh, and Ms. Priscilla Ofori, also known as “Odo Broni”, alongside Transitions Funeral Home, from moving the body or holding the funeral.
Her counsel, William Kusi, argued that his client, as the lawful spouse, had superior rights over the deceased’s remains and cited Practice Direction 2024 to justify the injunction request.
However, defence counsel Dominic Kwadwo Osei—representing the family—challenged the validity of the marriage certificate, noting that it did not meet evidentiary standards under Section 8 of the Evidence Act, as it was in Dutch, uncertified by the Ghanaian consulate, and unverified by an approved translation authority.
After nearly an hour of legal submissions, Justice Smith Arthur ruled against the injunction, citing Order 25, Rule 1(1) of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), and emphasised that her ruling was grounded in what was “just and convenient.”
The court found that the plaintiff failed to discharge the evidential burden required under Section 11 of the Evidence Act, and therefore, the injunction could not be sustained.
Speaking to the press, defence lawyer Dominic Kwadwo Osei described the ruling as “a victory for both law and family tradition.”
The ruling effectively clears the way for the family to proceed with burial arrangements for the late musician, whose funeral is scheduled for December 6, 2025, at the Baba Yara Stadium in Kumasi.
The court has fixed November 14, 2025, for case management, and November 25, 2025, for the determination of the substantive matter — in which Madam Serwaa seeks a declaration recognising her as the only legal spouse of the late highlife legend.
