TLI4801 Assignment 1 2025 Due 14 March 2025

Answer the following questions using proper references. Your entire assignment
answer (questions 1 (a) – (d) must be typed and must not exceed 15 pages. Note:
You may make up your own facts to supplement the given facts without
detracting from the core issues.

1. You act for ADB Cables (Pty) Ltd, a supplier of high voltage electricity cables.
Brown Electrical (Pty) Ltd is one of the customers of ADB Cables and the latter
on 01 October 2024 supplied cables to Brown Electrical on terms requiring payment
to be made within 60 days of delivery. You are approached by ADB Cables with
instructions to recover an amount of R1.2M which is owed to your client by Brown
Cables. You proceed to serve Brown Electrical with a demand. Upon receipt of the
demand, Brown Electrical, through its sole director and shareholder, Dennis Brown,
informs you that Brown Electrical acknowledges its debt to ADB Cables and
subsequently enters into an acknowledgement of debt (AOD). Brown Electrical
subsequently fails to abide by the payment procedure agreed upon in the AOD.

(a) Would you advise ADB Cables to make use of the Provisional
Sentence Procedure to recover the amount owing? Provide reason(s) for your
answer. (6 marks)
Yes, According to Pete et al (2017) Civil Procedure: A Practical Guide 3rd Edition
Liquid Document Requirement. The primary requirement for a provisional sentence
summons is that the plaintiff’s claim must be based on a liquid document.
A liquid document is a written instrument that is clear, unconditional, and
acknowledges an obligation to pay a specified sum of money¹.
An Acknowledgment of Debt (AOD) is generally considered a liquid document if it
contains an unambiguous admission of liability by Brown Electrical (Pty) Ltd, stating
the amount owed and the due date.