Ghana News Online

A High Court in Kumasi on Monday struck out an application linked to the estate of late highlife legend Charles Kwadwo Fosuh, popularly known as Daddy Lumba, after one of the listed applicants told the court she never authorised her inclusion in the case.

The court, presided over by Justice Hannah Taylor, granted a motion for misjoinder filed by lawyer Enoch Afoakwah, acting for Charlyn Fosuh — a daughter of the late musician — removing her name from an application seeking letters of administration over the estate.

Afoakwah said his client had not consented to any affidavit filed in her name and wanted the family to resolve all estate matters amicably before resorting to litigation.

“She did not give authority to any applicant or any person to depose to an affidavit in her name,” Afoakwah stated.

“The children of the late Charles Kwadwo Fosuh are united in preserving their father’s legacy and wish that all matters be resolved in-house before any application for letters of administration is moved.”

He acknowledged that under Ghana’s intestate succession rules (CI 47) — the deceased’s spouse, children, surviving parents and customary successor are legally eligible to apply for letters of administration.

He said the first applicant, Akosua Serwaa Fosuh, the musician’s widow, and the third applicant, Akosua Bimpomaa Fosuh, described as the customary successor, both had the legal capacity to apply.

However, Afoakwah stressed that if the children were to pursue such an application, it should be led by the eldest son, Calvin Fosuh.

“She believes in respecting seniority among the siblings and that using her name without consent breached trust within the family,” he said.

The lawyer added that the family was not aligned with any faction in the emerging dispute and wanted to avoid prolonged legal battles.

“They believe their father should be celebrated, studied and honoured — not entangled in endless litigation,” Afoakwah said.

“Peace within the family remains their priority.”