A Ghanaian High Court has ruled that a foreign marriage certificate, specifically a German marriage certificate involving the late musician Daddy Lumba and Akosua Serwaah, must undergo authentication and certification to be admissible as evidence in court. The ruling was made in the case Akosua Serwaah vrs. Abusua-Panyin Kofi Owusu & 2 ORS (TLP/HC/2025/04), concerning the legitimacy of Daddy Lumba’s marriages.
The court, citing the Evidence Act, emphasized that foreign documents bearing foreign signatures can only be admitted into evidence if they meet specific authentication conditions under Section 161. The judge referenced the precedent set in Hussey v Ebah supra at 1722, requiring that Exhibit B (the German marriage certificate) must be authenticated by the marriage registrar of the civil office of Bornheim marriage registry. Additionally, the law mandates that the certification be taken to the Ghana embassy in Germany and further certified by the head of the Ghana consulate before the court can consider it valid.
The case involves Akosua Serwaah, who challenged the legality of Daddy Lumba’s second marriage, entered into while his first marriage to her was still valid. The court’s decision means that without proper authentication, the German marriage certificate holds no legal weight in Ghanaian courts.
The ruling has implications for cases involving foreign marriage certificates and their recognition under Ghanaian law, particularly regarding the admissibility of foreign documents in legal proceedings.