JUDGMENT OF THE COURT
The appellant herein, (Bulhan), is a professional pilot. He is also a major shareholder and Chief Executive Officer (CEO) of several airlines including African Airline International (AAI). In the 1990s, AAI and the 1st respondent (KQ) were collaborating well and doing good business between themselves in the airline industry, despite being competitors. KQ would maintain the aircrafts of AAI and provide other services while AAI would supply KQ with spare parts and provide other services for its aircrafts. However, things went south in 1999 when KQ claimed that it was owed over KSh.51 million by AAI and demanded payment at the pain of legal action. It did in fact file suit against AAI being HCCC No. 4125 of 1993 for recovery of the balance of KSh.27,749,037.30 and obtained judgment for an admitted sum of KSh.3,590,385.75 on 21st May, 1994. The rest of the claim was to go for trial but Bulhan came to the rescue of AAI and signed a guarantee as a primary obligor on 22n…