Sasah Contractors Limited v Jaramogi Oginda Odinga Science and Technology; Equity Bank (Garnishee) [2024] KEHC 14524 (KLR)

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.