The Kumasi High Court has delivered a significant ruling regarding the marital status of Akosua Serwaa, one of the women claiming to be the lawful spouse of the late highlife legend Daddy Lumba. In a judgment by Justice Dorinda Smith Arthur, the Court found that Akosua Serwaa could not be recognized as the only lawful spouse of the musician. Central to this ruling was the Court’s decision that Serwaa failed to prove the validity of her civil marriage. Although she presented a marriage certificate from Germany, questions about its authenticity and admissibility led the Court to reject it as evidence of a valid civil marriage.
Instead, the Court determined that the union between Akosua Serwaa and Daddy Lumba amounted to a customary marriage, which had implications for her legal standing. This meant that Serwaa’s claim to be the sole surviving widow with exclusive rights was dismissed. According to the judgment, her asserted exclusive status could not be supported by the evidence presented, shifting the stance on inheritance and widow rights under Ghanaian law that honors customary practices.
Moreover, the Court acknowledged Priscilla Ofori, popularly known as Odo Broni, as a legally recognized spouse of Daddy Lumba under customary law. This recognition legally entitles Odo Broni to claim rights as a surviving wife. The decision highlights that customary marriages remain valid and legally binding within the Ghanaian legal system, allowing multiple spouses under customary law to be acknowledged in inheritance and family matters.
The ruling also addressed a prior legal attempt by Akosua Serwaa to halt the funeral and burial rites of the late musician. She had sought an injunction to stop these proceedings on the grounds that she was the only lawful widow. The Court, however, dismissed this injunction citing the principle of what is “just and convenient.” Justice Smith-Arthur noted that Serwaa had not met the necessary legal threshold to restrain the family from carrying out burial plans, effectively allowing the funeral process to proceed without further delays.
Justice Smith-Arthur further criticized the practice of couples undergoing both civil and customary marriage ceremonies, labeling it “wasteful.” She clarified that under Ghanaian law, each type of marriage is independently valid, making it unnecessary and legally redundant to perform dual ceremonies. This view underscores the importance of clarity and legality in marital arrangements and may influence future cases involving disputes over marriage status and spousal rights in Ghana.
Source: Ohemaa Adusi-Poku