The High Court in Kumasi on Monday dismissed an application concerning the estate of the late highlife legend Charles Kwadwo Fosu, known as Daddy Lumba, following a revelation that one of the named applicants had not consented to being part of the case.
Presiding Judge Justice Hannah Taylor upheld a motion for misjoinder filed by lawyer Enoch Afoakwah on behalf of Charlyn Fosuh, a daughter of the late musician, resulting in the removal of her name from an application seeking letters of administration over her father’s estate.
Mr Afoakwah told the court that his client neither consented to nor was aware of any affidavit sworn in her name. He added that she preferred all matters relating to the estate to be resolved amicably within the family before any resort to litigation.
“She did not give authority to any applicant or any person to depose to an affidavit in her name,” Afoakwah told the court.
He told the court that the children of the late Charles Kwadwo Fosuh were united in protecting their father’s legacy and believed estate issues should first be addressed within the family before recourse to formal legal processes.
Mr Afoakwah acknowledged that Ghana’s Intestate Succession Law (CI 47) grants the deceased’s spouse, children, surviving parents and customary successor the right to apply for letters of administration.
He noted that the first applicant, Akosua Serwaa Fosuh, the widow of the late musician, and the third applicant, Akosua Bimpomaa Fosuh, described as the customary successor, had the legal capacity to file such an application.
However, he argued that if the children were to pursue letters of administration, the process should be led by the eldest son, Calvin Fosuh, in accordance with family hierarchy and tradition.
He further stated that his client believed her name had been used without her consent, an action she considered a breach of trust among the siblings.
The lawyer stressed that the family was not aligned with any faction in the emerging dispute and was keen to avoid protracted legal battles.
“They believe their father should be celebrated, studied and honoured not entangled in endless litigation,” Afoakwah said, adding that peace and unity within the family remained their foremost priority.
