ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO. 642661
DUE DATE: 21 AUGUST 2025
, Techniques in Trial and Litigation
QUESTION 1
(a) Advice on Use of Provisional Sentence Procedure
Yes, ADB Cables (Pty) Ltd should make use of the provisional sentence procedure to
recover the R1.5 million debt from Brown Cables (Pty) Ltd. The reason is that the
acknowledgement of debt (AOD) signed by Dennis Brown, the sole director of Brown
Cables, constitutes a liquid document. According to Rule 8 of the Uniform Rules of
Court, a liquid document is one which acknowledges an unconditional liability to pay a
fixed amount of money. An AOD, when validly signed and specifying the amount due,
fits within this definition. The provisional sentence procedure provides a summary
remedy that is faster and less costly than a full trial, especially when liability is clearly
admitted in writing.
(b) Draft Provisional Sentence Summons
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG LOCAL DIVISION, JOHANNESBURG)
Case No: ____________
In the matter between:
ADB CABLES (PTY) LTD
(Registration No: 2015/123456/07)
Plaintiff
and
BROWN CABLES (PTY) LTD
(Registration No: 2012/654321/07)
Defendant