TLI4801
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO. 642661
DUE DATE: 21 AUGUST 2025
, TLI4801 ASSIGNMENT 01 SEMESTER 2, 2025:
ASSIGNMENT 01
TOTAL: 30 MARKS
QUESTION 1
FACTS: ADB Cables (Pty) Ltd seeks to recover R1.5 million from Brown Cables (Pty)
Ltd, which acknowledged its debt through an AOD but failed to pay.
1(a) WOULD YOU ADVISE ADB CABLES (PTY) LTD TO USE THE PROVISIONAL
SENTENCE PROCEDURE? (5)
Yes, I would advise ADB Cables (Pty) Ltd to use the provisional sentence procedure
because:
The Acknowledgement of Debt (AOD) constitutes a liquid document as defined in
law, which contains a clear admission of liability and a specified amount owed.
The Provisional Sentence procedure is designed for claims based on liquid
documents and offers a swift mechanism for the creditor to obtain judgment
without the delays of a full trial.
In Standard Bank of SA Ltd v Saunderson 2006 (2) SA 264 (SCA), the court
reinforced the use of provisional sentence where there is clear acknowledgment
of debt.
It is cost-effective and expedient compared to a full trial, especially since Brown
Cables has already admitted liability.
1(b) DRAFT OF PROVISIONAL SENTENCE SUMMONS (10)
IN THE HIGH COURT OF SOUTH AFRICA
[PROVINCIAL DIVISION]
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO. 642661
DUE DATE: 21 AUGUST 2025
, TLI4801 ASSIGNMENT 01 SEMESTER 2, 2025:
ASSIGNMENT 01
TOTAL: 30 MARKS
QUESTION 1
FACTS: ADB Cables (Pty) Ltd seeks to recover R1.5 million from Brown Cables (Pty)
Ltd, which acknowledged its debt through an AOD but failed to pay.
1(a) WOULD YOU ADVISE ADB CABLES (PTY) LTD TO USE THE PROVISIONAL
SENTENCE PROCEDURE? (5)
Yes, I would advise ADB Cables (Pty) Ltd to use the provisional sentence procedure
because:
The Acknowledgement of Debt (AOD) constitutes a liquid document as defined in
law, which contains a clear admission of liability and a specified amount owed.
The Provisional Sentence procedure is designed for claims based on liquid
documents and offers a swift mechanism for the creditor to obtain judgment
without the delays of a full trial.
In Standard Bank of SA Ltd v Saunderson 2006 (2) SA 264 (SCA), the court
reinforced the use of provisional sentence where there is clear acknowledgment
of debt.
It is cost-effective and expedient compared to a full trial, especially since Brown
Cables has already admitted liability.
1(b) DRAFT OF PROVISIONAL SENTENCE SUMMONS (10)
IN THE HIGH COURT OF SOUTH AFRICA
[PROVINCIAL DIVISION]
