[2024] KEHC 14524 (KLR)
The court determined that, given the objections raised by the plaintiff to the defendant's affidavit and the weighty nature of the issues, it was just and necessary to allow cross-examination of the deponent. The court further held that both parties should be afforded adequate time to prepare for the...
Source-derived case information.
- Citation
- [2024] KEHC 14524 (KLR)
- Parties
- Plaintiff: Sasah Contractors Limited; Defendant: Jaramogi Oginda Odinga Science and Technology; Garnishee: Equity Bank
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Case E002 of 2023
- Procedural Posture
- Civil Case / Interlocutory Ruling on Cross Examination of Deponent and Extension of Interim Orders
- Outcome
- Interlocutory orders granted; cross-examination of deponent ordered; interim orders extended.
- Judges
- DK Kemei
- Legal Topics
- Garnishee Proceedings, Interlocutory Applications, Cross Examination of Deponent, Breach of Contract
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sasah Contractors Limited
Plaintiff
Jaramogi Oginda Odinga Science and Technology
Defendant
Equity Bank
Garnishee
Procedural Posture
Civil Case / Interlocutory Ruling on Cross Examination of Deponent and Extension of Interim Orders
Legal Issues
- 1 Whether the deponent of the affidavit in support of the defendant's application should be cross-examined.
- 2 Whether sufficient time should be granted to parties to prepare for the cross-examination.
- 3 Whether interim orders should be extended pending the cross-examination.
Ratio Decidendi
The court determined that, given the objections raised by the plaintiff to the defendant's affidavit and the weighty nature of the issues, it was just and necessary to allow cross-examination of the deponent. The court further held that both parties should be afforded adequate time to prepare for the cross-examination, balancing the need for urgency with the requirements of procedural fairness. Accordingly, the court granted a period of 14 days for preparation and fixed the matter for hearing, while extending the interim orders to preserve the status quo until the cross-examination is conducted.
Court Disposition
Interlocutory orders granted; cross-examination of deponent ordered; interim orders extended.
Orders
- The deponent of the defendant's affidavit shall be cross-examined.
- Parties are granted 14 days to prepare for cross-examination.
Full Case Text
Judgment text and source record
22 paragraphs
Sasah Contractors Limited v Jaramogi Oginda Odinga Science and Technology; Equity Bank (Garnishee) (Civil Case E002 of 2023) [2024] KEHC 14524 (KLR) (20 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14524 (KLR)
Republic of Kenya
In the High Court at Siaya
Civil Case E002 of 2023
DK Kemei, J
November 20, 2024
Between
Sasah Contractors Limited
Plaintiff
and
Jaramogi Oginda Odinga Science and Technology
Defendant
and
Equity Bank
Garnishee
Ruling
1. I have noted the sentiments of the learned counsels. This court has ordered that the Deponent in the affidavit in support of Defendant’s application be cross examined. Indeed, the matters involved in this case are somehow weighty and has raised quite some emotions so to speak even though the initial dispute was about non-payment of money and breach of contract.
2. It is also not in dispute that the parties have filed and exchanged several applications under certificate of urgency. There is therefore need to maintain the urgency in this matter. The deponent required to appear for the cross examination, of course, requires some bit of time to prepare as he has not done anything wrong save to make the deposition now objected by the plaintiff. I am of the considered view that the parties herein be granted two weeks (14) days to prepare. Consequently, i order that this matter do proceed on 4/12/2024.
3. The deponent is at liberty to appear physically or virtually for the aforesaid purposes.
4. Interim orders extended till then.
DATED AND DELIVERED THIS 20TH DAY OF NOVEMBER, 2024. D. KEMEIJUDGEIn the presence of: -In the presence of:Otieno David …………for PlaintiffOnsongo………………..for DefendantBwire……………………..for GarnisheeOgendo………………….Court Assistant.