The Driver and Vehicle Licensing Authority (DVLA) has clarified the legal procedures governing changes in vehicle ownership where sellers or importers cannot be located.
The Authority said it cannot independently alter ownership records without proper legal backing.
In a statement issued on May 7, the DVLA explained that it is mandated by law to maintain an accurate register of vehicles and their registered owners, but it does not adjudicate disputes over vehicle ownership.
According to the Authority, vehicle registration serves as evidence of lawful ownership but does not itself create ownership rights.
The DVLA noted that where a registered owner has failed to sign transfer documents, or where an importer listed in customs records has not completed lawful registration procedures, the Authority lacks the legal authority to transfer ownership records on its own.
Citing the Sale of Goods Act, the DVLA emphasized that every seller is legally required to have the right to sell a vehicle and transfer valid ownership to a buyer. The statement further referenced the legal doctrine of nemo dat quod non habet — meaning a person cannot transfer a better title than they possess.
The Authority advised that buyers who are unable to trace the individuals from whom they purchased vehicles should initiate court proceedings against the seller to obtain either a declaration of ownership or a vesting order.
In situations where the seller cannot be found after reasonable efforts, the court may permit substituted service, including public notices or publication.
The DVLA explained that courts may grant ownership orders after reviewing evidence such as proof of purchase, payment records, possession of the vehicle, and efforts made to locate the seller.
Once a court issues such an order, the Authority said it would fully comply and effect the ownership change in accordance with the law.
The statement also revealed that many vehicle buyers mistakenly sue only the DVLA when ownership disputes arise. According to the Authority, this approach is flawed because any future challenge by the actual owner or another claimant could overturn the court order.
The DVLA therefore urged members of the public to conduct proper due diligence before purchasing vehicles. Prospective buyers were advised to verify ownership documents, confirm the authenticity of registration records, and ensure all statutory requirements have been satisfied before concluding any transaction.
The Authority reaffirmed its commitment to protecting the integrity of Ghana’s national vehicle register and ensuring that all ownership transfers are conducted through lawful and transparent procedures.
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