A Kumasi High Court has struck out an application regarding the estate of the late highlife icon Charles Kwadwo Fosu, also known as Daddy Lumba, after it emerged that one of the persons listed as an applicant had not authorised her inclusion in the suit.
The court, presided over by Justice Hannah Taylor, upheld a motion for misjoinder filed by lawyer Enoch Afoakwah on behalf of Charlyn Fosu, the daughter of the deceased musician, and consequently removed her name from the application seeking letters of administration over the late artiste’s estate.
Moving the motion, Mr. Afoakwah told the court that his client neither consented to nor had knowledge of any affidavit purportedly sworn in her name in support of the application.
He explained that Charlyn Fosu was opposed to the matter being rushed to court, and preferred that all estate-related issues be resolved amicably within the family.
According to counsel, the children of the late Daddy Lumba are united in their desire to protect their father’s legacy and believe that internal family dialogue should take precedence over litigation.
He acknowledged that under Ghana’s intestate succession law, CI 47, persons legally qualified to apply for letters of administration include the spouse, children, surviving parents and the customary successor of the deceased.
In that regard, he noted that the first applicant, Akosua Serwaa Fosu, the widow of the late musician, and the third applicant, Akosua Bimpomaa Fosu, described as the customary successor, were legally competent to initiate such an application.
However, Afoakwah argued that should the children decide to apply for letters of administration, the process ought to be led by the eldest son, Calvin Fosu, in keeping with family structure and respect for seniority among the siblings.
He further told the court that the use of his client’s name without her consent had undermined trust within the family and created unnecessary tension. He stressed that the family was not aligned with any faction in the emerging disagreement over the estate and was keen to avoid protracted legal battles that could deepen divisions.
Following the submissions, Justice Taylor granted the motion for misjoinder and struck out Charlyn Fosu’s name from the application, effectively narrowing the scope of the case before the court.
-DGN online
