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, thereby removing her name from an application seeking letters of administration over the estates of her father.
Mr Afoakwah told the court that his client had neither consented to nor been aware of any affidavit sworn in her name.
He said she preferred that all estate-related matters 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 added that the children of the late Charles Kwadwo Fosuh were united in their desire to protect their father’s legacy and believed estate matters should be handled internally before any formal legal action was taken.
Afoakwah acknowledged that under Ghana’s intestate succession law (CI 47), the deceased’s spouse, children, surviving parents and customary successor are all legally entitled 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 bring such an application.
However, he argued that should the children decide to pursue letters of administration, the process ought to be led by the eldest son, Calvin Fosuh, in keeping with family hierarchy and tradition.
He further stated that his client believed her name had been used without consent, an act 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.
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Source: www.myjoyonline.com
