JUDGMENT

Hamid Sultan Abu Backer JC:

[1] This is my judgment in respect of the plaintiff's claim against the 3rd defendant as guarantor in respect of overdraft facilities granted to the 1st defendant. In suit No. 22-55-2002 the 3rd defendant is the plaintiff and claims for a declaration that the guarantee is null and void, etc.

Brief Facts

[2] The 2nd defendant is the father and the 4th defendant is the brother of the 3rd defendant. Both the 2nd and 4th defendants had passed away after the commencement of the action. The 3rd defendant is not a Director or Shareholder of the 1st defendant though the 4th defendant was the Shareholder and Managing Director of the 1st defendant. The letter of offer dated 30 September 1994 was accepted by the 4th defendant. It was inter alia a term of letter of offer that the 2nd, 3rd and 4th defendants must execute joint and several guarantee. The 1st defendant company had passed a director resolution authorising the 4th defendant to accept the letter of offer. There are many other documents which have the signature of the 4th defendant to show the propriety of the transaction. The 1st defendant has defaulted and hence this claim.

The 3rd defendant's main c