A Kumasi High Court has rejected an injunction application filed by Akosua Serwaa seeking to stop the funeral of Ghanaian highlife musician Daddy Lumba.
In a ruling delivered by Justice Dorinda Smith-Arthur, the court held that, under Asante customary law, the authority over the musician’s remains rests with his extended family, not his spouse. The judgment effectively allows the family to retrieve the body from the morgue and continue preparations for the funeral.
Justice Smith-Arthur explained that, according to Ashanti tradition, when a person dies, the body returns to their matrilineal lineage, which assumes the duty of organizing the burial and funeral rites.
“The wider family cannot be barred,” the judge stated, adding that the right to remove the deceased from the mortuary and oversee the funeral belongs to the broader clan, known as the “abusua,” rather than to the immediate family or spouse.
Akosua Serwaa, who has been publicly asserting her position as the late musician’s lawful wife, filed the injunction to prevent the family from holding the funeral, arguing that she should have primary authority over her husband’s remains.
However, the court dismissed her request, ruling that halting the funeral would not serve the interest of any party or the public. The judge noted that, based on established Supreme Court precedents, granting the injunction would be “neither just nor convenient.”
Following the dismissal, the case will now proceed to determine the core legal issue, who qualifies as Daddy Lumba’s rightful surviving spouse.
Justice Smith-Arthur has reportedly directed all parties involved to submit the required legal filings by Friday, October 31. A Case Management Conference has been scheduled for November 14, with the full hearing set to begin on November 17.
The court anticipates wrapping up proceedings by November 21, and a final judgment is expected on November 25.
In the interim, the ruling gives Daddy Lumba’s extended family the green light to continue funeral preparations in keeping with Ashanti tradition.
