Kumasi High Court Dismisses Daddy Lumba Estate Application Following Daughter’s Dissent.
The late Charles Kwadwo Fosuh (Daddy Lumba)
A High Court in Kumasi has struck out a legal application concerning the estate of highlife icon Charles Kwadwo Fosuh, popularly known as Daddy Lumba.
The ruling followed a dramatic revelation that a primary applicant’s name was included without her authorization.
Justice Hannah Taylor presided over the proceedings on Monday, ultimately granting a motion for misjoinder.
The motion, filed by counsel Enoch Afoakwah on behalf of the musician’s daughter, Charlyn Fosuh, successfully removed her name from the petition for Letters of Administration.
Lack of Consent and Breach of Trust:
During the hearing, Mr. Afoakwah clarified that his client had never deposed to, nor consented to, any affidavit filed in her name.
He characterized the unauthorized use of her identity as a breach of familial trust.
“She did not authorize any party to act or depose to an affidavit on her behalf,” Afoakwah stated.
Lawyer Afoakwah argued that
, “The children of Charles Kwadwo Fosuh remain united in their desire to protect their father’s legacy and insist that all estate matters be settled privately before seeking judicial intervention.”
Legal Standing and Family Seniority:
The lawyer addressed the legal framework of the case, noting that under Ghana’s Intestate Succession rules (C.I. 47), specific parties hold the right to apply for Letters of Administration:
The surviving spouse
The children
Surviving parents
The customary successor
While acknowledging that the widow (Akosua Serwaa Fosuh) and the customary successor (Akosua Bimpomaa Fosuh) possess the legal capacity to apply, Afoakwah argued for a traditional hierarchy.
He maintained that if the children were to participate in the application, the process should be led by the eldest son, Calvin Fosuh, out of respect for seniority.
Plea for Family Unity:
The defense emphasized that the family is eager to avoid factionalism and the “drain” of prolonged litigation.
“The family’s priority is peace,” Afoakwah concluded. “They believe their father’s life should be a subject of celebration and study, not a catalyst for endless legal disputes”, Lawyer Afoakwah urged.
Key Legal Terms Used:
Letters of Administration:
A legal document issued by the court granting someone the authority to manage the estate of a person who died without a will.
Misjoinder:
The legal term for including a party in a lawsuit who should not have been included.
Depose:
To give evidence or testimony, typically in the form of a written affidavit.
