Assignment 1
Techniques in trial and litigation
TLI4801
Semester 1
14 March 2025
Unique number: 835330
1.
a. The ADB Cables (Pty) Ltd must make use of the Provisional Sentence
Procedure to recover the R1.2 million owed by Brown Electrical (Pty) Ltd. The
reason for this is that Brown Electrical has already acknowledged its debt
through the signing of an Acknowledgement of Debt (AOD), which constitutes
a clear and uncontested admission of liability. According to Rule 8 of the
Uniform Rules of Court, the Provisional Sentence Procedure allows a creditor
to obtain a provisional judgment based on a documentary proof of debt, such
as an AOD. This procedure is well-suited for cases where the debt is not
disputed and where the debtor has admitted liability in writing, making it a
quicker and more cost-effective option compared to a full trial.
The Provisional Sentence Procedure offers several advantages, particularly its
speed and efficiency. Once provisional judgment is granted, the creditor can
enforce the judgment immediately, such as through garnishment or attachment
of assets, if the debtor fails to raise a valid defence. Given that Brown Electrical
has failed to adhere to the payment terms in the AOD, and there are unlikely
to be valid defences to the claim, this procedure would facilitate a timely
recovery of the debt. In this context, the procedure aligns with previous case
law, such as National Director of Public Prosecutions v Mohamed NO, which
affirmed the use of Provisional Sentence when a debtor has admitted the debt
in writing.
b.
IN THE HIGH COURT OF SOUTH AFRICA
Gauteng Local Division, Johannesburg
Case No: 102/2024
Techniques in trial and litigation
TLI4801
Semester 1
14 March 2025
Unique number: 835330
1.
a. The ADB Cables (Pty) Ltd must make use of the Provisional Sentence
Procedure to recover the R1.2 million owed by Brown Electrical (Pty) Ltd. The
reason for this is that Brown Electrical has already acknowledged its debt
through the signing of an Acknowledgement of Debt (AOD), which constitutes
a clear and uncontested admission of liability. According to Rule 8 of the
Uniform Rules of Court, the Provisional Sentence Procedure allows a creditor
to obtain a provisional judgment based on a documentary proof of debt, such
as an AOD. This procedure is well-suited for cases where the debt is not
disputed and where the debtor has admitted liability in writing, making it a
quicker and more cost-effective option compared to a full trial.
The Provisional Sentence Procedure offers several advantages, particularly its
speed and efficiency. Once provisional judgment is granted, the creditor can
enforce the judgment immediately, such as through garnishment or attachment
of assets, if the debtor fails to raise a valid defence. Given that Brown Electrical
has failed to adhere to the payment terms in the AOD, and there are unlikely
to be valid defences to the claim, this procedure would facilitate a timely
recovery of the debt. In this context, the procedure aligns with previous case
law, such as National Director of Public Prosecutions v Mohamed NO, which
affirmed the use of Provisional Sentence when a debtor has admitted the debt
in writing.
b.
IN THE HIGH COURT OF SOUTH AFRICA
Gauteng Local Division, Johannesburg
Case No: 102/2024
