THE High Court has ruled in favour of a Penal businessman over the prolonged detention of nine high-end vehicles seized by the Customs and Excise Division in 2020.

Justice Nadia Kangaloo ruled that the detention of Kess Kessoondan’s vehicles was unlawful.

The court granted summary judgment in his favour, ordering the immediate return of the vehicles and awarding damages to be assessed.

While the judge acknowledged that the original seizure may have been lawful, she held that continued detention, without charges, forfeiture proceedings, or investigative updates, violated Kessoondan’s rights.

In her ruling, Kangaloo held that the authorities could not hold private property indefinitely without pursuing legal proceedings.

The judge also noted that customs had repeatedly claimed an ongoing investigation but failed to produce any detailed evidence to justify the prolonged delay, and five years after the seizure, Kessoondan had still not been charged with any offence.

She also said the state’s explanations for the seizure were vague and amounted to arbitrary interference with the businessman’s property.

Ruling that the state’s defence had “no realistic prospect of success,” Kangaloo struck it out under the civil proceedings rules, upholding the businessman’s application for summary judgment.

She also ordered that the vehicles, along with keys and documents, be returned to Kessoondan. A High Court master will assess damages for detinue, conversion, and loss of use.

The state has also been ordered to pay his legal costs.

Kessoondan’s claim for trespass, conversion and detinue was filed by attorneys Kiel Taklalsingh, Vivek Lakhan-Joseph and Shivash Maraj.

He alleged that on December 9, 2020, police and Customs and Excise Division officers entered his property, searched his home and seized 17 vehicles, along with their keys and a bundle of related documents, including certified copies, receipts, and invoices. His attorneys requested the return of the vehicles and documents, asserting ownership of the 17 vehicles, which included Jaguars, Prados, BMWs, Range Rovers and Mercedes Benzs.

Eight vehicles were eventually returned, while nine remained in the possession of the authorities. On September 13, 2021, his attorneys issued a pre-action protocol letter calling for the release of the remaining vehicles and items, arguing that the seizure had become unlawful due to the lack of legal action by the authorities.

Although the division later acknowledged the letter and signalled an intention to initiate proceedings, Kessoondan’s lawyers contended that any such action came too late and that the delay was unjustified. Correspondence between the parties continued into October 2021, with the businessman’s lawyers asserting that the documents being requested by customs had already been confiscated, so it would be impossible for their client to comply. They also demanded detailed reasons for the seizure since the notices only cited sections of the Customs Act that refer to undeclared goods.

Kessoondan’s attorneys maintained he suffered financial loss as a result of the prolonged detention of his vehicles, which he had intended to sell as part of his private business. His lawsuit also contended that the vehicles, while in custody, have resulted in significant depreciation.

He sought over $725,000 in special damages for the depreciation of the nine vehicles.