The High Court in Kumasi has dismissed an interlocutory injunction application filed by Akosua Serwaa, the wife of the late Ghanaian music legend, Charles Kwadwo Fosu, popularly known as Daddy Lumba, paving the way for the late musician’s family to proceed with his final funeral rites scheduled for December 6, 2025.
The ruling, delivered on Tuesday, October 28, 2025, by Her Ladyship Justice Dorinda Smith Arthur, brought to an end weeks of legal contention between the widow and the Fosu family over who has the rightful authority to organize the funeral of the celebrated highlife icon.
Akosua Serwaa had approached the court seeking an injunction to restrain the extended family from proceeding with the funeral arrangements until certain internal family disputes were resolved. Her application argued that proceeding with the funeral without her consent as the surviving spouse would violate her rights and undermine her position as the lawful wife of the deceased.
However, in a well-reasoned judgment, Justice Smith Arthur held that under Ghanaian customary law, the responsibility for the burial and funeral of a deceased person primarily rests with the family and not necessarily the spouse. The court stressed that preventing the family from performing their traditional and cultural duties toward their departed relative would not be in the interest of justice or social harmony.
“The court finds that the control and custody of a deceased person’s body under customary law rest with the family. The applicant’s request to halt the funeral, if granted, would disrupt the customary order and delay the family’s right to honour their son and relative. The application for interlocutory injunction is therefore refused,” the judge ruled.
The decision has been warmly received by members of the late musician’s family, who expressed gratitude to the court for what they described as a fair and culturally sensitive ruling. According to the family spokesperson, the judgment has brought relief and clarity, allowing them to focus on giving the highlife legend a befitting farewell.
“This ruling is a victory for both the family and Ghanaian culture. We only wanted to honour our brother in line with our traditions and the respect he deserves. We are now going ahead with all necessary preparations for his final journey,” the spokesperson said.
Following the court’s decision, the family has confirmed that all arrangements for the funeral will continue as planned. The final funeral rites will take place on December 6, 2025, in Kumasi, and are expected to attract thousands of mourners, fans, industry players, and dignitaries from across the country and abroad.
Daddy Lumba, who passed away earlier this year, remains one of Ghana’s most celebrated and influential musicians, credited with shaping the modern highlife genre and inspiring generations of artists. Known for timeless hits such as Aben Wo Ha, Yentie Obiaa, and Theresa Abebrese, his music transcended decades and social boundaries, earning him legendary status in Ghana’s music history.
The upcoming funeral is expected to be a grand celebration of his life and musical legacy — one that reflects the profound impact he made on Ghanaian culture and the hearts of millions who cherished his artistry.
