Former Chief Executive of the Driver and Vehicle Licensing Authority (DVLA) and Member of Parliament (MP) for Bekwai in the Ashanti Region, Lawyer Joseph Osei-Owusu, has floored the Attorney-General (A-G) at an Accra Fast Track High Court in a case in which he sought to retrieve his vehicle seized by the Bureau of National Investigation (BNI).
Seen as part of the seizure of vehicles duly purchased by public officials who served under the erstwhile New Patriotic Party (NPP) administration, the BNI on November 16, 2009 seized Lawyer Osei-Owusu�s official vehicle which he bought after existing office in October last year.
However, the High Court, presided over by Justice E.A Asante, has ordered the defendant in the case, which is the A-G and its agents, officers, operatives, representatives and all privies be, to release the vehicle with registration number BA 8818 V to the plaintiff, Hon. Osei-Owusu. The court further restrained the A-G�s Department and its agents from interfering with Hon. Osei-Owusu�s �quite enjoyment of the said vehicle�, pending the final determination of the case.
The A-G�s Department, represented by Cecil Adadevoh, had contended that the DVLA had no power to sell the vehicle to Hon. Osei-Owusu, and therefore the said vehicle was not properly disposed of.
But in support to Motion on Notice for an Order for interim Injunction on the case, the plaintiff, through his lawyer, K. Awuako Adjei, argued that by the DVLA Act, the DVLA has the power to acquire and dispose of property.
The plaintiff further submitted that the purchase of the vehicle is a contract between him and the DVLA, adding that if anybody had any complaint about the agreement, it should be the DVLA and not the BNI.
Following the arguments, the Fast Track High Court ruled that the DVLA is a �statutory human being�, and has entered into a contract with the plaintiff Hon. Osei-Owusu.
Justice E.A Asante further submitted that until it is proven to him that the contract was obtained through fraud or any of the vitiating factors, nobody can interfere with Hon. Osei-Owusu�s use of the car.
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