This case was about who should legally be recognised as the late Mr. Charles Kwadwo Fosuh’s surviving spouse and, therefore, who had the right to perform the traditional widowhood rites.
Two main claims were placed before the  High Court:

1. That Madam Akosua Serwaah Fosuh was the only lawful wife because she married the deceased in Germany; and
2. That Madam Priscilla Ofori was lawfully married to him under Ghanaian customary law and had lived with him as his wife for many years.

After carefully listening to all witnesses and examining the documents, the Court reached the following broad conclusions:

 THE ALLEGED GERMAN MARRIAGE WAS NOT LEGALLY PROVEN

Although Madam Fosuh said she married the deceased in Germany, the Court explained that:

• Foreign law (such as German marriage law) must be proven with expert evidence in a Ghanaian court.
• Foreign official documents must also be properly authenticated through the required legal process.

The marriage certificate and related documents presented were found not to meet these legal requirements and were therefore rejected by the Court as unreliable and inadmissible. As a result, the Court held that there was no legally acceptable proof before it that a valid civil (monogamous) marriage under German law existed.

THE EARLIER CUSTOMARY MARRIAGE WAS ACCEPTED, BUT FOUND TO HAVE ENDED

The High Court accepted that:

• The deceased and Madam Fosuh were married under Ghanaian customary law many years ago.
• However, evidence from the family showed that this customary marriage was later formally dissolved according to Akan tradition, with the appropriate customary procedures being performed.

On this basis, the Court found that the customary marriage no longer existed at the time of the deceased’s death.

MADAM PRISCILLA OFORI WAS RECOGNISED AS THE SURVIVING SPOUSE

The High Court further found that:

• Madam Priscilla Ofori went through a customary marriage ceremony with the deceased.
• They lived together openly as husband and wife for many years.
• They had six children together.
• She cared for him during his long illness and was publicly acknowledged by him and his family as his wife.

The Court therefore accepted that she was the deceased’s lawful wife under customary law at the time of his death and should be regarded as his surviving spouse.

 WIDOWHOOD RITES
Because widowhood rites are governed by customary law, the Court held that the person recognised as the customary wife at the time of death is the one entitled to perform them. On this basis, that right belonged to Madam Priscilla Ofori.