A Kumasi High Court on Monday dismissed an application relating to the estate of the late highlife legend Charles Kwadwo Fosuh, popularly known as Daddy Lumba, after one of the listed applicants disassociated herself from the case.
Justice Hannah Taylor, presiding over the matter, upheld a motion for misjoinder filed by lawyer Enoch Afoakwah on behalf of Charlyn Fosuh, daughter of the deceased musician. The ruling effectively removed her name from the application seeking letters of administration over her father’s estate.
Mr. Afoakwah explained to the court that his client had neither sanctioned nor been aware of any affidavit sworn in her name. He emphasized that she preferred family dialogue over litigation in resolving estate matters.
“She did not give authority to any applicant or any person to depose to an affidavit in her name,” Afoakwah told the court.
The lawyer further noted that Daddy Lumba’s children were united in their commitment to safeguard their father’s legacy and believed estate issues should first be settled internally.
Citing Ghana’s intestate succession law (CI 47), Mr. Afoakwah acknowledged that the widow, children, surviving parents, and customary successor all hold the legal right to apply for letters of administration. He pointed out that the first applicant, Akosua Serwaa Fosuh, the widow and the third applicant, Akosua Bimpomaa Fosuh, the customary successor possessed the legal standing to initiate such proceedings.
However, he argued that if the children chose to pursue administration of the estate, tradition dictated that the eldest son, Calvin Fosuh, should lead the process.
Mr. Afoakwah added that his client considered the unauthorized use of her name a breach of trust among siblings. He stressed that the family was not aligned with any faction in the dispute and was determined to avoid drawn-out legal battles.
“They believe their father should be celebrated, studied and honoured not entangled in endless litigation,” he said, underscoring that peace and unity remained the family’s top priority.
