JUDGMENT OF THE COURT
Novo Industri A/S, the respondent in this appeal (hereafter called “the plaintiff”) sued Kemipharm(Kenya) Ltd. (the first defendant), Harishbhai Patel (the second defendant) and Sulesh Patel (the third defendant) in the superior court seeking from them jointly and severally the recovery of US$207,015= and Danish Kronors 95,417.50 on account of goods sold and delivered to the first defendant between 1985 and 1987. The first defendant apparently admitted the debt and offered to pay by installments and in consideration of the plaintiff accepting this scheme, the second and third defendants executed a guarantee in favour of the plaintiff on 20th February, 1989. Under the terms of the guarantee the second and third defendants became liable to pay the debt if the first defendant defaulted. The first defendant defaulted and the plaintiff filed proceedings for the recovery of the balance outstanding by a plaint dated 25th April, 1990.
After the summons had been served on t…