Akosua Serwaah has lodged a formal appeal at the Court of Appeal in Kumasi, seeking to overturn a High Court ruling that recognized both her and Priscilla Ofori, popularly known as Odo Broni, as the lawful surviving spouses of the late highlife legend Charles Kwadwo Fosu, widely celebrated as Daddy Lumba.
In her notice of appeal, Ms. Serwaah is contesting the entirety of the judgment delivered by the Kumasi High Court. She argues that the trial court committed a fundamental error when it rejected and ruled inadmissible a marriage certificate she presented as key evidence to support her claim of being the sole lawful wife of the deceased musician. According to her, the document was crucial in establishing the nature and validity of her marriage to Daddy Lumba.
Ms. Serwaah further contends that the High Court erred in law by concluding that she had failed to meet the requirements set out under the Evidence Act, 1975 (NRCD 323), for the admission of the marriage certificate into evidence. She maintains that the court misapplied the law and failed to properly evaluate the relevance and probative value of the certificate within the context of her case.
As part of the reliefs being sought, the appellant is urging the Court of Appeal to set aside the High Court’s decision in its entirety. She is also asking the appellate court to declare her the sole lawful surviving spouse of Daddy Lumba, a determination that would have significant implications for the administration of the late musician’s estate.
Judgment
The disputed judgment was delivered on November 28, 2025, by the Kumasi High Court, presided over by Justice Dr Dorinda Smith Arthur. In that ruling, the court dismissed Ms Serwaah’s suit, in which she sought a declaration that she was the only surviving spouse of the renowned highlife icon.
The High Court held that the plaintiff failed to sufficiently prove that her marriage to Daddy Lumba was conducted under the Marriage Ordinance in a manner that would legally exclude the possibility of another surviving spouse. The court found that the evidence presented did not establish a monogamous statutory marriage capable of conferring exclusive spousal rights.
According to the court, the available evidence demonstrated that Daddy Lumba married Akosua Serwaah under customary law, a form of marriage recognized in Ghana as potentially polygamous. On that basis, the court concluded that the musician was legally permitted to enter into another customary marriage. Consequently, his subsequent marriage to Priscilla Ofori, known in public life as Odo Broni, was also deemed valid under Ghanaian law.
In its final determination, the High Court ruled that both Akosua Serwaah and Priscilla Ofori are legally recognized as the surviving spouses of the late Daddy Lumba. The ruling effectively affirmed their equal status under the law, pending any further orders that may arise from the ongoing appeal process.