Legal Spouse Claim by Akosua Serwaa Fosuh

A Kumasi High Court has admitted into evidence a video clip in which the late highlife musician Daddy Lumba appeared to discuss who performed the in-law rites at his late mother’s funeral.

Counsel for Akosua Serwaa Fosuh, who claims to be the legal spouse of the late musician, born Charles Kwadwo Fosuh, strongly opposed the admission of the video, leading to a heated debate in court on Monday, November 17.

The clip, which shows Daddy Lumba explaining how his first love, the late Theresah Abebresse, participated in his mother’s funeral, was submitted by the legal team of Abusuapanin Kofi Owusu, the first defendant in the case. The evidence, labeled DL5, had been recorded by the court during a prior Case Management Conference.

Akosua Serwaa Fosuh is seeking a court order recognizing her as the sole surviving wife and the only person entitled to perform the widowhood rites at the late musician’s funeral.

During cross-examination, counsel for Abusuapanin Owusu, Dominic Kwadwo Osei, asked the court, presided over by Justice Dorinda Smith Arthur, to identify the video. This was challenged by Fosuh’s lawyer, William Kusi, who argued that the plaintiff could not respond to evidence of unknown origin or authorship, asserting that admitting the clip would be unjust.

Counsel for the first defendant had invited Fosuh’s attorney, Georgina Osei Bonsu, to identify Daddy Lumba in the video, which detailed Theresah Abebresse’s performance of the in-law rites (Nseyie) at Amma Saah’s funeral. However, the judge overruled the objection and admitted the video, marking a significant development in the case.

Fosuh’s legal team maintained that the video had been altered, noting discrepancies between the accounts of the plaintiff and the musician’s family regarding Theresah Abebresse’s presence. She presented photographic evidence to support her claim that Akosua Serwaa Fosuh performed the Nseyie rites.

The first defendant’s counsel suggested that Fosuh’s refusal to perform the in-law rites had contributed to the separation between her and Daddy Lumba, and that the musician’s emotional distress explained his absence at Fosuh’s mother’s funeral in January 2018. Fosuh’s lawyer rejected this suggestion.

Earlier, the first defendant’s counsel raised concerns about the marriage certificate submitted by Fosuh, arguing that the certificate referenced a different name (Akosua Serwaa Schindler) and therefore belonged to another person.

Additionally, lawyers for Priscilla Ofori, also known as Odo Broni, sought clarification on the plaintiff’s attorney’s relationship with the Fosuh family. The attorney recounted meeting Daddy Lumba in the USA during a concert in 2003 and confirmed her presence at key events, including the couple’s civil marriage in Germany in 2004. She also described traveling to Germany multiple times to spend time with the Fosuh family and her children.

The court is expected to issue a ruling on the case on November 25, 2025. Meanwhile, cross-examination continues on Tuesday, November 18, following seven hours of proceedings in the ongoing daily hearing.

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