Car dealership’s claim for return of replacement vehicle denied

High Court sets aside a Circuit Court order that directed the defendants to return a replacement vehicle provided by a car dealership. The defendants argued that they were entitled to retain the replacement vehicle until a dispute regarding the original purchased vehicle was resolved to their satisfaction. The High Court found that the defendants presented a credible defense, including the discretionary nature of the remedy in an action for detinue and the requirement that the property to be returned must be of special value or interest. Additionally, the car dealership's conduct of allowing an employee to use the purchased vehicle extensively, adding 13,500 kilometers to the odometer, was deemed relevant to the case. The defendants are granted unconditional leave to defend and file a counterclaim regarding their complaint about the purchased vehicle. The costs of the proceedings to date are provisionally awarded to the defendants.