The Kumasi High Court Five has refused an injunction application seeking to block the funeral of the late highlife legend, Charles Kwadwo Fosu popularly known as Daddy Lumba filed by Madam Akosua Serwaah, who claims to the legal wife of the late musician.
This gives the Fosu family the full authority to continue with the burial preparations towards the funeral of the deceased slated for December 6, 2025, to be held in Kumasi.
The verdict follows the withdrawal of an application filed by the first defendant, Abusua Panin Kofi Owusu which sought to challenge the capacity of the plaintiff as the legal wife of the deceased.
Her Ladyship Dorinda Arthur who presided over the court said the verdict was made based on the Balance of Convenience which weighed the positives and negatives of accepting the injunction.
She explained that an injunction application could be accepted if the plaintiff would suffer a greater or an irreparable harm or injury if not accepted.
However, considering the cost of preserving the corpse of the deceased at the morgue and the public interest, the injunction could not be approved.
“Restraining the funeral from occurring will not benefit the family and the public. It shall be just and convenient not to accept the application,” said Her Ladyship Arthur.
Additionally, Her Ladyship Arthur noted that there were two things that broke a marriage, divorce, and death.
When a person passes on, the marriage is broken, hence, the extended family of the deceased takes full responsibility of the funeral and burial of the deceased despite the type of marriage performed.
The judge together with the counsel of the three parties, therefore, fixed dates for the Directions, Care Management Conference, Hearings, and the verdict to determine whether or not Ms Akosua Serwaa Fosuh is the legal wife of the deceased.
The next court sitting is slated for Friday, October 31, 2025, purposely for the Directions to be made.
