Between 2008 and 2011 the respondents concluded three commercial lease agreements with a close corporation, Be Positive Trading, as principal debtor. The applicants bound themselves, through four deeds of suretyship, as sureties and co-principal debtors in solidum for the obligations arising from the leases. The principal debtor fell into rental arrears. Actions were instituted against the principal debtor and the sureties, initially in the magistrates’ and regional courts. Because one lease contained an arbitration clause, the matters were stayed and referred to arbitration. The sureties successfully challenged the arbitrator’s jurisdiction over them and were discharged from the arbitration, while the arbitration proceeded against the principal debtor. The principal debtor failed to appear, and a final arbitration award was granted against it, dismissing its counterclaim; the award was made an order of the High Court. Thereafter, the respondents instituted High Court proceedings against the applicants as sureties. The applicants raised defences of prescription and res judicata. The High Court rejected these defences and refused leave to appeal, prompting the present application to the Supreme Court of Appeal.