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A Kumasi High Court has ruled that Akosua Serwaa and Priscila Ofori, commonly referred to as Odo Broni, are the surviving wives of the late highlife icon Charles Kwadwo Fosuh, better known as Daddy Lumba.
Akosua Serwaa Fosuh requested that the court recognize her as the only surviving spouse and the exclusive individual entitled to widowhood rights. She also requested a ruling prohibiting Odo Broni from claiming to be the musician’s wife and stopping the head of the Ekuona family from acknowledging her as that.
Nonetheless, the court determined that the plaintiff did not meet the burden of proof, especially since she did not submit the original marriage certificate copies.
Presiding Judge, Her Ladyship Justice Dorinda Smith Arthur, observed that the submitted evidence “fell short of Sections 136 and 161,” which necessitate the plaintiff to present the original marriage certificate from the Bornheim Marriage Registry and the relevant certification from the Ghana Embassy in Germany. What was offered instead was merely an excerpt.
The court determined that according to the Evidence Act, the plaintiff needed to provide “a recognised German civil marriage expert” to testify, which she failed to do. The judge remarked that civil marriage in Germany “could not have been done by conduct nor proof of photos, especially in the era of Photoshop.”
Conversely, the court determined that there was no evidence indicating that the customary marriage between Akosua Serwaa and Daddy Lumba had been terminated, as asserted by the initial defendant, Abusuapanin Kofi Owusu. It characterized his evidence as unreliable and inconsistent.
The court also stated that a letter purportedly sent by Mercer and Company to the plaintiff, in which she allegedly threatened to start divorce proceedings, did not serve as evidence that divorce proceedings had truly commenced.
The decision acknowledges both Akosua Serwaa and Odo Broni as the legally recognized surviving spouses of the deceased musician.
Source: Ghanatodayonline.com
