A Samoan family's suit against police for the use of firearms during a raid on their property five years ago is set for a November hearing.
The raid found no narcotics on the property.
The plaintiffs, Silafaga Tupito and Fatumanavaupolu Atiina'e, filed the civil case in 2017 after lodging a complaint to the Ombudsman on the grounds the police use of firearms was an abuse of process because it was unnecessary.
After the Ombudsman report on the complaint the family instructed their lawyers to file a legal case.
However the Attorney General filed an application for the case to be withdrawn under the limitation period act.
The Supreme Court accepted that argument but the plaintiffs contested the decision and the Appeal Court ruled in their favor for the case to be heard.