German law clashes with Ashanti custom in Daddy Lumba's funeral dispute

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Truth Table 2 months ago

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Kweku Tsin 2 months ago

There is no conflict here. The only problem here is these bush people are stiff-necked fools who pretend the Ghanaian laws do not apply to them due to fight over Agyapadi3. The so-called customary MARRIAGE law is irrelevant/n ...
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There is no conflict here. The only problem here is these bush people are stiff-necked fools who pretend the Ghanaian laws do not apply to them due to fight over Agyapadi3. The so-called customary MARRIAGE law is irrelevant/null and void in the presence of legal court marriage. These court marriages are recognized internationally. Even in the face of documented threats of divorce, if the couple did not OFFICIALLY divorce through the court system, they are still considered LEGALLY married, and every subsequent form of marriage is illegal, because if you are married through a court system you cannot LEGALLY have a second wife.. Lumba could not LEGALLY will-off a joint property with his older wife to his younger "wife" because it was illegal. This issue will be adjudicated based on constitutional law NOT your irrelevant customary law. ENOUGH WITH YOUR NKURASIS3M!!!!
tommy 2 months ago

you have spoken my mind ... when the law is talking ,coustoms and traditions do not hold waters ..

you have spoken my mind ... when the law is talking ,coustoms and traditions do not hold waters ..
Gonja Mafia 2 months ago

We have to note that German laws respect customary marragies contracted in other countries. We should also remember that when couples seperate for or more than two years, the german law can recognise the marriage as dead. How ...
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We have to note that German laws respect customary marragies contracted in other countries. We should also remember that when couples seperate for or more than two years, the german law can recognise the marriage as dead. However, need a german family lawyer to and ghanaian family lawyer ti throw light on the topic.

Germans too have what they call Patientenverfügung. in this very legal document, one states who can manage his or her affairs in cases when they are incapacited. The sad issue is that most ghanaians in Germany are either not aware of this simple document or refuse to take advantage of it. It helps in matters like this.

You have to remember that since Lumba died in Ghana, we or I dont know which country`'s law take precedence. Hence stop calling people nnkrasifoo.
Kweku Tsin 2 months ago

There are customary laws everywhere. Even in the States, if you live with someone past six months, it becomes common law marriage. But that arrangement is invalid if one or both persons co-habituating is/are LEGALLY married t ...
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There are customary laws everywhere. Even in the States, if you live with someone past six months, it becomes common law marriage. But that arrangement is invalid if one or both persons co-habituating is/are LEGALLY married to a third person. Get it through your head that being a wedded wife/husband is more LEGALLY binding than any form of common law marriage. That German law you quoted simply means advanced directive, power of attorney or a living will. That law does not apply in this case, because Lumba is already dead. Besides, Lumba cannot exclusively make decisions on jointly owned property with his older wife. That could also be the reason why he did not go through with divorce. Technically, with Lumba dead or alive the older wife is entitled to half of the properties up top, and all Lumba's children, including that of the older wife's children will be entitled to Lumba's share. I know at least two people that went through this. What the younger wife needs to do is play nice and hope the older wife will loosen her grip on the cash to benefit her.
WELL SAID.THOSE IGNORANT FOLK WILL SOON DISCOVER THIS FOR THEMSELVES 2 months ago

Daddy L may be a household name in Ghana but there is no doubt that he left a veritable mess because of his complicated domestic arrangement. The horrible fall out from this mess will last for years to come ,that is for sure. ...
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Daddy L may be a household name in Ghana but there is no doubt that he left a veritable mess because of his complicated domestic arrangement. The horrible fall out from this mess will last for years to come ,that is for sure.
Sadly this case represents just the tip of these kinds of problems in Ghana.
The Law is the Law.It doesn't matter what prevailing customary practices are and a lot of men in Ghana need to take note of this when they decide to set up home with a woman they have decided OUTSIDE the Law to make them a "wife". Wise women will also avoid setting up home with a man with unresolved marital issues.
Ablekuma Van Damme 2 months ago

KWEKU TSIN TOMMY AND THE REST

YOU FOOLS!!!! THAT IS WHY YOU AND YOUR FOOLISH TRIBES ARE NOT RECOGNIZED ANYWHERE AND DONT MATTER IN THE MATTERS OF THINGS.

YOU ARE REFERRING TO A GROUP AS STIFF NECKED FOOLS??? YOUR STUPID ...
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KWEKU TSIN TOMMY AND THE REST

YOU FOOLS!!!! THAT IS WHY YOU AND YOUR FOOLISH TRIBES ARE NOT RECOGNIZED ANYWHERE AND DONT MATTER IN THE MATTERS OF THINGS.

YOU ARE REFERRING TO A GROUP AS STIFF NECKED FOOLS??? YOUR STUPID SELF WILL KNOW IT IS NOT A SIN FOR A GROUP OF PEOPLE TO PROTECT THEIR CUSTOMS AND TRADITIONS AGAINST FOREIGN INVASION. AND SO CALLED MAN MADE CONSTITUTIONALISM. LATER ON YOU WILL COME CRY CHANGE AKWAABA TO OBAAKE. OBAA YOUR MOTHER!!!

THE MEN WHO WROTE THE CONSTITUTION AND LAWS ARE THEY BETTER THAN THE MEN WHO ESTABLISHED THE CUSTOMS AND TRADITIONS OF ASANTEMAN????

YOU PEOPLE AND YOUR FOOLISH TRIBESMEN WETHER GA, NORTHERNERS OR VOLTARIANS CAN CONTINUE TO KISS THE ASS OF A WHITEMAN OR SUCK THEIR DICK THAT IS NONE OF OUR BUSINESS.
WHEN THEY INTRODUCE LGBTQ TO YOU UNDER HUMAN RIGHTS AND LAWS GLADLY ACCEPT IT TOO. NKWASIAFUOR!!! MMOAAA

WE ARE MEN AND WOMEN OF ASANTEMAN AND WILL FOREVER PROTECT OUR CUSTOMS AND TRADITIONS AGAINST ANY FOREIGN AND INTERNAL INFLUENCES.

IF A WHITEMAN WILL DISOBEY GOD AND THE BIBLE AND ALLOW LGBTG. WHY CANT WE ASANTEMAN DISOBEY A MERE MAN AND MORTAL TO PROTECT OUR CUSTOMS AND TRADITIONS AS ESTABLISHED??

FOOLS!!!! WE WILL MATCH YOU IDIOTS WHO SPEW NONSENSE ABOUT AKANS AND ASANTEMAN BOOT FOR BOOT. AND WE WILL HUNTING YOU DOWN ONE BY ONE. MMOAA
Kweku Tsin 2 months ago

@ Alekuma Van Dam...Kwasia, you are only recognized in the bush eating dog shit. Only a fool will think a bottle of Akpeteshie can dissolve a legally binding marriage, while the MRs is in court with a marriage certificate mak ...
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@ Alekuma Van Dam...Kwasia, you are only recognized in the bush eating dog shit. Only a fool will think a bottle of Akpeteshie can dissolve a legally binding marriage, while the MRs is in court with a marriage certificate making legal demands. Adwan ba, stay tuned, you will see your level in a few weeks.
GERMAN LAW VS. ARCHAIC ASHANTI CUSTOM, LEGAL OPINION: THE LAW IS THE LAW AND THE CUSTOMS OF THE ETHNIC GROUPS MUST BOW TO THE LAW 2 months ago

GERMAN LAW VS. ARCHAIC ASHANTI CUSTOM ON MARRIAGE — CRITICAL DISCUSSION

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1. Introduction

This discussion examines a legal and cultural conflict between German civil law and Ashanti customary law in the context ...
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GERMAN LAW VS. ARCHAIC ASHANTI CUSTOM ON MARRIAGE — CRITICAL DISCUSSION

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1. Introduction

This discussion examines a legal and cultural conflict between German civil law and Ashanti customary law in the context of marriage and inheritance. The deceased, a German citizen of Ghanaian origin, was legally married under German law to a woman who was also a German citizen of Ghanaian birth. However, during the subsistence of this lawful marriage, he took another “wife” under Ashanti customary law in Ghana. The first wife reportedly “returned drinks” to the deceased’s family — a customary act signifying divorce under Ashanti tradition — yet the German civil marriage was never legally dissolved. This scenario raises intricate issues of conflict of laws, marital validity, and spousal recognition across two distinct legal systems.

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2. The Dual Legal Systems

German Law

Under German civil law, marriage is strictly monogamous. Once a civil marriage exists, neither spouse can validly contract another marriage until it is legally dissolved through divorce or death. The German Civil Code (BGB §1306) explicitly prohibits bigamy and considers any subsequent marriage while a prior one subsists void ab initio. Furthermore, under German private international law (EGBGB), the personal status of a German citizen — including marriage and divorce — remains governed by German law, even if the individual resides abroad or contracts another form of union under a foreign system.

Ashanti Customary Law

Conversely, Ashanti (Akan) customary law permits potentially polygamous unions. A customary marriage is valid upon the agreement of both families, payment and acceptance of bridewealth (“drinks”), and cohabitation. Dissolution occurs when the woman’s family returns the drinks, signifying the end of the union. However, this dissolution process is social and customary, not civil, and has no direct effect on a legally registered monogamous marriage in a foreign jurisdiction.

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3. Conflict of Laws and Validity of Marriages

The central conflict arises because each system treats marital validity differently. A German citizen cannot legally engage in polygamy, and therefore, any subsequent Ashanti marriage contracted during a valid German marriage is invalid under German law. Similarly, under Ghanaian law, where a person has already contracted a monogamous marriage under the Marriage Ordinance or foreign civil law, that person lacks capacity to enter into a customary (potentially polygamous) marriage. Hence, the second “marriage” is void and without legal effect, even under Ghanaian statutory interpretation.

In practical terms, the German civil marriage remains the only legally recognized marriage, and the Ashanti customary union would be treated as non-binding — possibly a concubinage or cohabitation arrangement with limited equitable rights.

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4. Effect of “Returning Drinks”

Under Ashanti custom, returning drinks is the accepted form of divorce or dissolution. However, this has no bearing on the German civil marriage, which remains valid until properly dissolved by court decree. Thus, while the act may have ended any customary marital ties, it did not terminate the legal marriage under German law. Consequently, the first wife continues to be recognized as the lawful spouse under both German and international legal standards.

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5. Legal Consequences upon Death

In matters of inheritance, next-of-kin status, and estate administration, German law recognizes only the lawful German marriage. Therefore, the German wife — despite returning drinks — would be the legal widow, entitled to the deceased’s estate and benefits under German succession law.
The customary wife, on the other hand, would have no spousal standing under German law. In Ghana, she may be able to claim limited rights as a dependant or through joint property ownership, but not as a recognized legal widow. Any claims to inheritance or maintenance would depend on equitable grounds or proof of contribution, not marital status.

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6. Broader Legal and Cultural Implications

This case highlights the tension between modern legal systems and traditional African customs. German law, emphasizing monogamy and legal formalities, conflicts directly with Ashanti customs that view marriage as a social, family-based contract capable of polygamy. The result is a jurisdictional deadlock: what is valid in Kumasi (under custom) may be void in Berlin. Moreover, the return of drinks, though culturally conclusive, lacks international legal recognition as a divorce process.

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7. Conclusion

In conclusion, the German civil marriage remains legally binding and takes precedence over the subsequent Ashanti customary marriage, which is invalid under both German and Ghanaian statutory frameworks. The return of drinks dissolved any customary relationship but did not affect the valid German marriage. Therefore, the German wife is the legitimate legal spouse and widow, while the customary “wife” holds no formal marital rights, though she may seek limited equitable remedies under Ghanaian law..
JD 2 months ago

Very insightful. Good job fella

Very insightful. Good job fella

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K Poku-London-UK 2 months ago

---Akosua Serwaah, please take your EVIL SPIRIT AWAY FROM DADDY LUMBA. Daddy Lumba lived 15 years of his life in Ghana without you. Why is it that IN DEATH, you HYPOCRITE EVIL WOMAN SNAKE coming to disrupt his new chosen life ...
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---Akosua Serwaah, please take your EVIL SPIRIT AWAY FROM DADDY LUMBA. Daddy Lumba lived 15 years of his life in Ghana without you. Why is it that IN DEATH, you HYPOCRITE EVIL WOMAN SNAKE coming to disrupt his new chosen life.
GO TO HELL. YOU LIVE COMFORTABLY IN GERMANY. GET LOST.
LET MY BROTHER GET BURIED PEACEFULLY AND GRACEFULLY-GET LOST EVIL SPIRIT AKOSUA SERWAAH
Lumba is not a dual citizen 2 months ago

Germany did not allow dual citizenship before 2024. And
Lumba naturalized in Germany before 2024. He had to give up his Ghanaian citizenship as required by German law in order to acquire German citizenship hence Lumba is le ...
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Germany did not allow dual citizenship before 2024. And
Lumba naturalized in Germany before 2024. He had to give up his Ghanaian citizenship as required by German law in order to acquire German citizenship hence Lumba is legally a German citizen, but not a Ghanaian. It is not just Lumba, but applies to any Ghanaian naturalized in Germany before 2024.
Paa Pee 2 months ago

A nGermancitizen who left the country for 15years and never paid taxes during that time. A Ghanaian is always a Ghana and can never lose that right. Just get your Ghana card and you are okay.

A nGermancitizen who left the country for 15years and never paid taxes during that time. A Ghanaian is always a Ghana and can never lose that right. Just get your Ghana card and you are okay.
Andrew 2 months ago

You don’t pay taxes if you leave the country and he returned many times after.

You don’t pay taxes if you leave the country and he returned many times after.
Gloria 2 months ago

Hahahahhahahahahha This family is funny. Do you think you can take Emotions to court instead of evidence?? Why are they talking about customs when Akosua and Lumba married civilly?
Civil law trumps Customary law. And the fac ...
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Hahahahhahahahahha This family is funny. Do you think you can take Emotions to court instead of evidence?? Why are they talking about customs when Akosua and Lumba married civilly?
Civil law trumps Customary law. And the fact that they're taking this to the civil court means that, they'd be lucky if they even get a pen from DL's estate. They're hilarious.
Nana 2 months ago

They are FOOLS. They seemed to hold on to their German passports but when it suits them they call in for Ashanti tradition. Which lawyers is misleading these illiterate booggers ?

They are FOOLS. They seemed to hold on to their German passports but when it suits them they call in for Ashanti tradition. Which lawyers is misleading these illiterate booggers ?
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Bitter truth 2 months ago

Daddy Lumba died as a Ghanaian living in Ghana..the laws in Ghana applies to him and not the laws in Germany..Odo Broni is the best woman who stayed with lumba during his sickness and sad days..she deserves any good from Dadd ...
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Daddy Lumba died as a Ghanaian living in Ghana..the laws in Ghana applies to him and not the laws in Germany..Odo Broni is the best woman who stayed with lumba during his sickness and sad days..she deserves any good from Daddy lumba..if I was DL, odo Broni would have gotten bigger share of my properties..As a man, if u want to know if a woman truely cares about u? It’s only Qhen u are broke and when u are sick..The fact that Lumba was super proud to showcase odo Broni to the whole world means the woman is as taking good care of him..honestly if I am in such situation and my side chick is the one that takes care of me, she will get a fair share of everything I have..the wife should rather be appreciative to odo Broni for doing her job instead of being greedy..whoever is advising Auntie Serwaa is not doing her any good..whoever abandons her husband during his sick days and all of a sudden papers from nowhere to be claiming properties or now wants to be known as a wife..if u are staying in abroad and yoyr husband is sick in Ghana, don’t use the kids as an excuse, come home and take care of your husband..if auntie Serwaa had done her job as a wife, all these things won’t happen..to me odo broni is the real wife.
tommy 2 months ago

Massa go and learn the Law and come back again ..

Massa go and learn the Law and come back again ..

THINK DEEP 2 months ago

Ignore him he's an illiterate. Any court everywhere will dismiss Odo Broni's case outright. There is no conflict in this case. The German law supercedes every law bcoz both parties are German citizens including the late music ...
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Ignore him he's an illiterate. Any court everywhere will dismiss Odo Broni's case outright. There is no conflict in this case. The German law supercedes every law bcoz both parties are German citizens including the late musician
Andrew 2 months ago

Ghana recognizes official marriage from any country and vice versas as long as he didn’t officially divorce her, they’re officially married under the law.

Ghana recognizes official marriage from any country and vice versas as long as he didn’t officially divorce her, they’re officially married under the law.
Ogidigidi 2 months ago

Odo Broni was a side chick who produced children.
Side Chicks has no inheritance

Odo Broni was a side chick who produced children.
Side Chicks has no inheritance
Johnny 2 months ago

Why is Odo Broni not going to fight the white German husband she divorced? Greedy buffoon she's still holding on to her German passport, while she's using Ashanti tradition to fight for someone's husband properties.

Why is Odo Broni not going to fight the white German husband she divorced? Greedy buffoon she's still holding on to her German passport, while she's using Ashanti tradition to fight for someone's husband properties.
Rikus 2 months ago

Lumba knew he had committed the crime of bigamy in Germany hence his inability to return to Germany for medical care as a citizen.
He took advantage of both women, Akosua providing financial resources and medication, whil ...
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Lumba knew he had committed the crime of bigamy in Germany hence his inability to return to Germany for medical care as a citizen.
He took advantage of both women, Akosua providing financial resources and medication, whilst Broni was offering care services.
But the law is the law, a legally contracted civil marriage can not be dissolved with drinks, period.
All his children are equally entitled to his estate but only Akosua Serwa, the legally married wife will be entitled to his estate.
Odo Broni may have equitable claims if she can prove with evidence that she contributed to the estate.
Andrew - 2 months ago

No it doesn't! Ghanaian law allows you to choose between traditional marriage and "civil" marriage. You cannot mix the two.

If you marry in Germany, it's still applicable in Ghana (and vice versa).

No it doesn't! Ghanaian law allows you to choose between traditional marriage and "civil" marriage. You cannot mix the two.

If you marry in Germany, it's still applicable in Ghana (and vice versa).
Shithole 2 months ago

You married someone in Germany and because of that marriage got all the benefits that comes with it , the question here is why didn't lumber taken the bold step to desolve the marriage maybe he didn't do it because he fear lo ...
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You married someone in Germany and because of that marriage got all the benefits that comes with it , the question here is why didn't lumber taken the bold step to desolve the marriage maybe he didn't do it because he fear loosing almost everything.. he use odo broni ignorance against her
kofi good job babs ,excellent reply 2 months ago

Write your comment LET THE LAWYERS DEAL WITH THE ISSUES. ITS A LEGAL MATTER.

Write your comment LET THE LAWYERS DEAL WITH THE ISSUES. ITS A LEGAL MATTER.
Balman 2 months ago

There is no case koraa the Abusuapanin is the problem in all this noise. I think the court will settle all this noise

There is no case koraa the Abusuapanin is the problem in all this noise. I think the court will settle all this noise
K Poku-London-UK 2 months ago

Akosua Serwaah, please take your EVIL SPIRIT AWAY FROM DADDY LUMBA. Daddy Lumba lived 15 years of his life in Ghana without you. Why is it that IN DEATH, you HYPOCRITE EVIL WOMAN SNAKE coming to disrupt his new chosen life.
...
read full comment

Akosua Serwaah, please take your EVIL SPIRIT AWAY FROM DADDY LUMBA. Daddy Lumba lived 15 years of his life in Ghana without you. Why is it that IN DEATH, you HYPOCRITE EVIL WOMAN SNAKE coming to disrupt his new chosen life.
GO TO HELL. YOU LIVE COMFORTABLY IN GERMANY. GET LOST.
LET MY BROTHER GET BURIED PEACEFULLY AND GRACEFULLY-GET LOST EVIL SPIRIT AKOSUA SERWAAH

Prof 2 months ago

Odo Broni is not an Ashanti. Don’t tag it as German law crashes with Ashanti customs

Odo Broni is not an Ashanti. Don’t tag it as German law crashes with Ashanti customs
ROGUE LAWYER 2 months ago

There is no conflict or complications , Akosua Serwaa is just playing the greedy bastard card for her selfishness.
1 I have said it before - that
1. the marriage certificate alone cannot grant you or guarantee Akosua Serw ...
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There is no conflict or complications , Akosua Serwaa is just playing the greedy bastard card for her selfishness.
1 I have said it before - that
1. the marriage certificate alone cannot grant you or guarantee Akosua Serwaa any widowhood. marriage certificate comes with fulfilments of marriage duty.
eg
you must live with the person within certain period of time- if you extend your absenteeism beyond 2 years and had not have sexual intercourse with the partner within this time - the marriage is considered null and void. ask those German diasporas who knows the law
NB
Did Akosua Serwaa or Lumba fulfilled these marriage duties ?
The answer is NO- so this set the first grounds for the automatic dissolution

b ) did Akosua Serwaa take any action about the bigamy ? the answer is Yes
Akosua Serwaa born an Asanti - did what the Asanti costumes demand- by sending the drinks that signify the bond between the 2 family back to lumba signifying she is no more a married woman to lumba. that made Akosua Serwaa an ex-wife of lumba.
9) did Lumba take take any action about the absenteeism of Akosua Serwaa ?
the answer is Yes
lumba went ahead and married Odo Broni traditionally.
these actions were taken due to the absenteeism of the partners and the lack of fulfilling the marriage duties- so it is well accepted by both as the dissolution of the couple.
citizenship

Both Lumba and Akosua Serwaa WERE BORN IN Ghana and are Akans
both of them travelled with Ghana passport to Germany for a greener pasture

date of marriage , and date of Naturalisation play a key role here
when did the marriage take place ? and at the time of the marriage which passport were they holding ?
if it becomes evidential that the marriage took place while one or both of them were Still holding Ghana passport - what it means is that they married within their culture, and personal believes which is Asanti. but the place of the marriage was Germany. Court should have been the better place for dissolution but if time did not permit and one of them pass on,
any learned judge would take the actions that has gone on before the person died as a consent to the divorce.
2. if Lumba naturalised as a German and hold the German passport but has relocated to Ghana for the passt 16years without going back to Germany or renew his Germany passport at the Germany embassy in GFhana , his naturalisation becomes null and void.
lumba has travelled around the world after the relocation to Ghana,
check his travel records if he has been travelling with Germany passport or his Ghana passport.
if lumba need a visa to travel from Ghana to UK, what it means is that he went to UK with GH-Passport
this simply tell Akosua Serwaa dumbass lawyers that
lumba was born a Ghanaian and has died a Ghanaian-
in the above scenarios the Germany marriage clauses becomes a passenger or transit binding- it has no effect on him anymore.
besides all these
Odo Broni has live with lumba for the passt 15years
if Akosua Serwaa had an issue about bigamy she could have taken Lumba to court and demand answers and whatever claims it may deems her. failure to do that when the legend was alive speak it all that
$Akosua Serwaa has consented the dissolution of the marriage through her actions by sending the drinks back to lumba family.
the may reason she Akosua Serwaa is raising the issue after the demise of lumba speak volume of her greediness.
you cannot desert a spouse in sickness to die and come back to his funeral to claim a widowhood - this is absurd

Akosua
Asakramitoga 2 months ago

Throughout the whole world, the law is the law and the law. That old man with one upon a time customary brains should be very careful for no custom is above the law. He is just thinking "Akanly"

Throughout the whole world, the law is the law and the law. That old man with one upon a time customary brains should be very careful for no custom is above the law. He is just thinking "Akanly"
Akos9 2 months ago

If u go to Rome u do what Romans do,and this is the problem Africans don't respect anything that is African even in Germany law custom marriage are accepted and in Ghana law custom marriage are accepted too so this case will ...
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If u go to Rome u do what Romans do,and this is the problem Africans don't respect anything that is African even in Germany law custom marriage are accepted and in Ghana law custom marriage are accepted too so this case will be dealt according to Ghana law and custom law not Germany law

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German law clashes with Ashanti custom in Daddy Lumba's funeral dispute

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