ASSIGNMENT 2 ANSWERS
SEMESTER 2
TECHNIQUES IN TRIAL AND LITIGATION
(TLI4801)
Unique Number: 642661
1.
a. Yes, I would advise ADB Cables (Pty) Ltd to make use of the provisional
sentence procedure to recover the amount owed. The Uniform Rules of Court,
Rule 8(1) permits a plaintiff to sue by way of provisional sentence if the claim is
founded on a liquid document. A liquid document is a written instrument signed
by the debtor, acknowledging an unconditional liability for the payment of a fixed
or ascertainable amount of money.1 In this matter:
• Brown Cables (Pty) Ltd, through its sole director, Dennis Brown, signed an
Acknowledgement of Debt (AOD) in favour of ADB Cables (Pty) Ltd;
• The AOD records a clear, unconditional undertaking to pay R1 500 000.00
• This amount is fixed and certain and therefore meets the requirements of a
liquid document.2
The courts have held that a properly executed AOD constitutes a liquid document
capable of supporting a provisional sentence claim.3 By proceeding with
provisional sentence, ADB Cables (Pty) Ltd can obtain a judgment more quickly
1 Uniform Rules of Court, Rule 8(1).
2 Marnewick C, Litigation Skills for South African Lawyers 4 ed (2019) at 423.
3 Western Bank Ltd v Pretorius 1976 (2) SA 481 (T).
SEMESTER 2
TECHNIQUES IN TRIAL AND LITIGATION
(TLI4801)
Unique Number: 642661
1.
a. Yes, I would advise ADB Cables (Pty) Ltd to make use of the provisional
sentence procedure to recover the amount owed. The Uniform Rules of Court,
Rule 8(1) permits a plaintiff to sue by way of provisional sentence if the claim is
founded on a liquid document. A liquid document is a written instrument signed
by the debtor, acknowledging an unconditional liability for the payment of a fixed
or ascertainable amount of money.1 In this matter:
• Brown Cables (Pty) Ltd, through its sole director, Dennis Brown, signed an
Acknowledgement of Debt (AOD) in favour of ADB Cables (Pty) Ltd;
• The AOD records a clear, unconditional undertaking to pay R1 500 000.00
• This amount is fixed and certain and therefore meets the requirements of a
liquid document.2
The courts have held that a properly executed AOD constitutes a liquid document
capable of supporting a provisional sentence claim.3 By proceeding with
provisional sentence, ADB Cables (Pty) Ltd can obtain a judgment more quickly
1 Uniform Rules of Court, Rule 8(1).
2 Marnewick C, Litigation Skills for South African Lawyers 4 ed (2019) at 423.
3 Western Bank Ltd v Pretorius 1976 (2) SA 481 (T).
