Ghana’s Driver and Vehicle Licensing Authority (DVLA) has outlined how vehicle buyers can legally resolve ownership disputes when sellers or importers are untraceable, stating it cannot alter registration records without court backing.
In a statement issued on May 7, the DVLA said it is legally mandated to maintain an accurate national vehicle register but has no authority to adjudicate ownership disputes or effect transfers unilaterally. The Authority stressed that vehicle registration serves as evidence of ownership but does not by itself create ownership rights.
Where a registered owner has refused to sign transfer documents, or where an importer listed in customs records has not completed lawful registration, the DVLA confirmed it cannot intervene on its own. The legal framework simply does not permit it.
The Authority anchored its position in the Sale of Goods Act, which requires every seller to hold the legal right to sell a vehicle and pass valid title to a buyer. The DVLA also cited the doctrine of nemo dat quod non habet, a Latin legal principle establishing that no person can transfer a title better than what they actually possess.
Buyers who cannot locate their sellers were advised to commence court proceedings seeking either a declaration of ownership or a vesting order. Where sellers remain unreachable after documented efforts, the DVLA noted that courts may authorise substituted service, including public notices or publication in print. Courts will weigh evidence such as proof of purchase, payment records, physical possession of the vehicle, and steps taken to trace the seller before granting any order.
Once a court issues such an order, the DVLA said it would comply fully and process the ownership transfer in accordance with the law.
The Authority also flagged a widespread legal error it says frustrates many buyers. A large number of people involved in ownership disputes sue the DVLA alone, which the Authority described as an insufficient approach. Any future claim by the actual owner or a competing party could overturn an order obtained through that method, leaving the buyer exposed.
The DVLA urged all prospective vehicle buyers to verify ownership documents, confirm the authenticity of registration records, and satisfy all statutory requirements before concluding any transaction.
