Josiah
A High Court in Kumasi has struck out an application connected to the estate of the late highlife legend Charles Kwadwo Fosuh, after one of the listed applicants informed the court that she neither consented to nor authorised her inclusion in the case.
The court, presided over by Justice Hannah Taylor, on Monday upheld a motion for misjoinder and ordered the removal of the name of Charlyn Fosuh from an application seeking letters of administration over the musician’s estate.
Addressing the court, counsel for Charlyn Fosuh, Enoch Afoakwah, stated that his client was taken by surprise upon learning that affidavits had been filed in her name without her knowledge or approval.
“She did not give authority to any applicant or any person to depose to an affidavit in her name,” Mr Afoakwah told the court.
He explained that his client preferred that all matters relating to the estate be resolved amicably within the family, rather than through what she considered a premature resort to litigation.
According to counsel, the children of the late musician are united in their desire to safeguard their father’s legacy and believe family engagement should precede any court action.
Mr Afoakwah acknowledged that under Ghana’s intestate succession law, a deceased person’s spouse, children, surviving parents, and customary successor are all eligible 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, both possess the legal capacity to initiate the process.
However, he stressed that should the children decide to pursue the application, it ought to be led by the eldest son, Calvin Fosuh, in line with family seniority.
Counsel further argued that the use of his client’s name without her consent constituted a breach of trust within the family and risked deepening internal divisions.
He added that the family was not aligned with any faction in the emerging dispute and remained keen to avoid a prolonged legal battle.
“They believe their father should be celebrated, studied and honoured, not drawn into endless litigation,” Mr Afoakwah told the court.
Source:Omanghana.com
