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VEHICLE OWNERSHIP CHANGE – DVLA

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The Driver and Vehicle Licensing Authority wishes to clarify the proper legal procedure for change of ownership or registration of vehicles where the seller or importer cannot be located.

The DVLA is established as a statutory authority responsible for maintaining an accurate register of vehicles and their registered owners. The Authority does not determine disputes relating to ownership of property and for that matter vehicle. Vehicle registration reflects lawful ownership but does not create it. Consequently, where the registered owner has not executed the necessary transfer documentation, or where the importer named in customs documentation has not completed lawful registration, the DVLA cannot unilaterally alter its records without legal authority.

Under the Sale of Goods Act, there is an implied condition in every contract of sale that the seller has the right to sell the goods and will pass good title to the buyer. The seller is legally bound to convey lawful ownership and ensure that the buyer enjoys quiet possession. Where a seller fails in this duty, the remedy lies against that seller. The law further provides, through the doctrine of nemo dat quod non habet, that a person cannot transfer better title than he possesses.

Accordingly, where a purchaser is unable to trace the person from whom a vehicle was acquired, the appropriate course of action is to institute proceedings against that seller seeking a declaration of ownership or a vesting order. If the seller cannot be located after reasonable efforts, the court may grant substituted service, including publication. Upon consideration of evidence of purchase, payment, possession, and due diligence in attempting to locate the seller, the court may grant the necessary orders declaring the purchaser to be the lawful owner.

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Once such an order is issued, the DVLA will give full effect to it in accordance with the law. In some instances, the Authority may be joined as a second defendant solely for the purpose of implementing the court’s final determination.

Most often however, people who are unable to locate the person from whom they purchase the vehicle rather initiate proceedings against only DVLA. This procedure is not advisable in the sense that anytime somebody comes afterwards to challenge the order of court, the person will surely succeed.

Members of the public are advised to exercise due diligence before purchasing any vehicle. Prospective buyers should ensure that the seller has proper title, that registration documents are authentic and complete, and that all statutory requirements have been satisfied. Taking these precautions will prevent future disputes and safeguard purchasers’ legal rights.

The DVLA remains committed to upholding the law, maintaining the integrity of the national vehicle register, and ensuring that all changes of ownership are effected in accordance with due process.

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Traffic jam on Weija-Kasoa highway

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I experienced something on Monday, June 15, that really frustrated me.  I had to go to the ministries but I could not get up early that day so I decided to pick a taxi and get to the Tuba Junction. 

When I got there I realised that Traffic had built up from the Toll Booth towards Accra.  After a while I got a Taxi and it was when we got to a certain spot on the road, that I realised why there was a traffic jam. 

There is a short stretch of the road where each time it rains heavily, loose material run down the hill onto the road, blocking one side of the road.  Vehicles from Kasoa to Accra are then forced to move into one of the lanes of those going towards Kasoa from Accra. 

The two lane road from Accra to Kasoa becomes a single carriage way.  That was the reason for the traffic jam from the toll booth onwards.

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This has been a perineal problem and yet, no permanent solution has been found till date.  The area falls under Ga South and even though, a new MCE has taken over, the technocrats are still there and so the problem is not new to them.  

There is therefore no excuse for the inability of the Ga South Metropolitan Assembly to resolving the problem on that stretch of the road.  Apart from the Ga South Metropolitan Assembly, another institution that must be held accountable is the Ghana Highways Authority. 

The Highways Authority cannot say they are unaware of this issue.  The fact that the problem falls within the area of responsibility of the Ga South Assembly, does not relieve the Ghana Highways Authority, of their responsibility of ensuring that our highways are maintained in a motorable state at all times. 

A collaboration between the Ghana Highways Authority and The Ga South Municipal Assembly is required for a permanent resolution of the problem.

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There was another traffic jam at a place called Atala about 250 metres to the traffic light at Old Barrier as a result of an issue similar to the one close to the toll booth, that I talked about earlier. 

When we got to Weija junction, we encountered another traffic jam. The cause of this jam was a bad condition of road about 80 metres from the traffic light at Ga South Hospital heading towards Accra.  

Due to the bad nature at that section of the road, vehicles are compelled to slow down resulting in a traffic jam stretching all the way to Weija Junction.  

I started wondering if that short stretch of road cannot be sorted on one Sunday when traffic is usually light.  When we got to the traffic light at Odorkor, there was another issue. 

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When the traffic light shows green, there is a slow down because there is a big pothole or should I say manhole in the outer lane, right at the traffic light.  Vehicles in the outer lane are compelled to swerve into the second lane thereby causing a traffic to slow down and resulting in a traffic jam.

It is very important to take into account the effect of traffic jam on the national economy.  If we are able to assess the value of the loss to the economy of the nation, I believe the issue of traffic jam will be prioritised. 

Imagine persons working at various Government Organisations like Registrar General’s Department, Ghana Ports and Habours Authority, Ghana Revenue Authority, CEPS etc. and lives at Kasoa and whose job is to collect revenue for the state and is held up in traffic. 

Just imagine the effect their lateness to work will have on the economy if you consider the delays in say clearing of goods at the port and as a result traders cannot sell their goods for government to generate the required taxes.

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Let us deal with the traffic jams on our streets to promote economic growth. God bless.

By Laud Kissi-Mensah

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Understanding mortality: Exploring the complexities of human existence

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Mortality is an inherent aspect of life, a universal experience that has sparked philosophical, theological, and scientific inquiry throughout human history.

This article aims to provide a comprehensive and nuanced exploration of mortality, acknowledging the complexity of the topic and the diverse perspectives surrounding it.

The biological imperative

From a biological standpoint, death is a natural part of the life cycle. It serves as a mechanism for the evolution of species, allowing for the passing on of genetic material and the adaptation to environmental changes.

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Evolutionary perspective: Death allows for the recycling of resources, promoting the survival and adaptation of species.

Life span and senescence: Cellular aging and the limitations of biological systems contribute to mortality.

Philosophical and existential perspectives

Existentialism: Emphasises individual freedom and responsibility in the face of mortality.

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Meaning and purpose: The finite nature of life can prompt individuals to seek meaning and purpose.

The human condition: Mortality is a fundamental aspect of the human experience, shaping our perceptions and values.

Cultural and spiritual views

Afterlife and spirituality: Many cultures and religions believe in an afterlife or spiritual continuation.

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Rituals and mourning: Cultural practices surrounding death reflect the significance of mortality in human experience.

Legacy and remembrance: The impact of one’s life can transcend mortality.

Ethical considerations

End-of-life care: Ethical debates surround issues like euthanasia, assisted dying, and palliative care.

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Quality of life: Balancing the value of life with the quality of life is a complex ethical issue.

Resource allocation: Societal decisions about healthcare and resource distribution involve considerations of mortality.

Psychological impact

Grief and loss: The experience of mortality can evoke profound emotional responses.

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Fear and anxiety: The awareness of mortality can lead to existential anxiety.

Appreciation and gratitude: Recognising mortality can foster appreciation for life.

Conclusion

Mortality is a multifaceted aspect of human existence, influencing how we live, relate, and find meaning. Understanding and acknowledging mortality can prompt deeper reflections on life and our place in the world.

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By Robert Ekow Grimmond-Thompson

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