When the matter came before court the Defendant pursued a point of law in limine raised in a notice dated the 18th February 2003. The point of objection is the subject matter of this judgment. It is as follows:
"This action cannot succeed in law because the motor vehicle is the subject matter of this action was released by a court of competent jurisdiction on the 9th January 1998. This decision has not been set aside either in review or on appeal and as such Plaintiff is taken to ' have acquiesced to this order and it still stands".
It was contended in support of the above mentioned objection in limine that the matter is now outside the Defendant's powers and thus it cannot be held liable in respect of the motor vehicle.
The sequence of events as regards the said motor vehicle are as follows: According to the Plaintiff during the month of July 1994, members of the Royal Swaziland Police acting during and within their scope of employment as servants of the Swaziland Government seized and attached the motor vehicle for investigation purposes. Subsequently, Plaintiff made an application for the return of the motor vehicle whereupon Mbabane Magistrate ordered that it be released to Plaintiff. A copy of the court order is attached marked "B".
On or about November 1997, and at Lugaganeni, Manzini, members of the Royal Swaziland Police seized and attached the motor vehicle.
Plaintiff lodged an application for the return of the motor vehicle where the court granted that it be so returned on 1st December 1997. A copy of the court order is attached to the Plaintiffs papers marked "C".
During the month of June 1999, Plaintiff approached the police at Manzini and Lobamba with the court order so that it be released but the police could not produce it as they had released same to another person.
It would appear to me that the point of law raised by the Defendant is good in law in that the motor vehicle which is the subject-matter of this case cannot be returned to