Lulu-Briggs widow appeals against court orders to release husband’s body for burial

Isaac Yeboah Dec - 30 - 2019 , 03:52

Mrs Seinye Lulu-Briggs, wife of the late Nigerian philanthropist and entrepreneur High Chief Olu Benson Lulu-Briggs is back in court challenging the orders of the High Court which asked her to release the body of her late husband to his family for burial.

The widow has filed processes at the Court of Appeal, Accra saying she is dissatisfied with the order of the High Court on December 23, 2019, which among other things asked her to release the body to the family, led by Chief Dumo Lulu-Briggs, a son of the deceased, to be conveyed to Nigeria for the burial and funeral rites.

Grounds of Appeal

Her grounds for appealing against the orders are that Justice Eric Kyei Baffour’s decisions and conduct were occasioned by errors and arbitrariness and so the Court of Appeal must set the ruling aside.

Other grounds are that;

That the learned trial judge erred in determining the Appellants' substantive suits without affording the Appellants the opportunity to prove their case through a trial.
That the trial judge erred in determining the Appellants' suit solely based on the affidavits in support and in opposition to the injunction applications before him.
That the trial judge erred in holding that Dumo Lulu-Briggs is the head of the Deceased's family.
That the trial judge failed to recognize Madam Seinye Lulu-Briggs' unchallenged permits and approvals to repatriate the Deceased's body as conferring a right and duty on her to do same.
That having adjourned proceedings in order to hear pending interlocutory applications, the learned trial judge acted arbitrarily in delivering a final ruling on the suit.
That the order of the trial judge is against the weight of evidence on record.

She also intends to file additional grounds of appeal upon receipt of a certified copy of the proceedings of the Court.

Court orders inquest into Nigerian billionaire’s death in Accra

Click to read or download a pdf of the Notice of Appeal

And apart from asking the Court of Appeal to set aside the High Court order that she releases the body to the family for burial, she also seeks;

An order remitting the substantive case to the trial High Court, which should be differently constituted, for rehearing.
An order directing the trial High Court to hold an inquiry as to whether under the customary law of the Kalabari people, Dumo Lulu-Briggs and his two brothers - Senibo Lulu-Briggs and Sofiri Lulu-Briggs – “or their successors, servants, agents, assigns, employees and workmen, howsoever described, are entitled to custody of the Deceased's body.”
An interlocutory injunction restraining Dumo Lulu-Briggs, Senibo Lulu-Briggs, and Sofiri Lulu-Briggs, their successors, servants, agents, assigns, employees and workmen, howsoever described, from interfering with the Deceased's body and conveying same to Nigeria until the trial High Court determines the Appellants' substantive suit.
An interlocutory injunction restraining Enterprise Funeral Services Ghana Limited where the body is allegedly being kept from releasing it to Dumo Lulu-Briggs, Senibo Lulu-Briggs, and Sofiri Lulu-Briggs their successors, servants, agents, assigns, employees and workmen, howsoever described, pending the determination of the appeal.

High Chief Olu Benson Lulu-Briggs allegedly died shortly upon arrival at the Kotoka Airport on December 27, 2018. The family disagree on how he passed away, but efforts to get to the bottom of the matter and to give the old man a good rest have always ended legal battles.