The plaintiff brought a motion for summary judgment to enforce a joint and several continuing guarantee securing demand promissory notes.
The defendant argued the claim was statute‑barred under the Limitations Act, 2002 and that liability should be limited to half the indebtedness because there were two guarantors.
The court held that the limitation period for enforcing a continuing guarantee begins only after a clear and formal demand on the guarantor, which occurred in 2010, making the action timely.
The court further held that a joint and several guarantee permits recovery of the entire indebtedness from any guarantor.
Summary judgment was granted for the full amount of the debt with interest and costs.
