Description
TLI4801 (Techniques in trial and litigation) Assignment 1 | Due 21 August 2025 | Code 642661 – Complete answers with footnotes and Bibliography.
1(a) Would You Advise ADB Cables (Pty) Ltd to Make Use of the Provisional Sentence Procedure to Recover the Amount Owing? Provide Reason(s) for Your Answer.
In South African law, provisional sentence is most effective where the creditor holds a liquid document defined as a written instrument in which the debtor unconditionally acknowledges indebtedness for a fixed and ascertainable sum, duly signed and enforceable without reliance on extrinsic evidence ….
Given that the Acknowledgement of Debt (AOD) in this case meets these requirements unconditional acknowledgment, fixed sum (R1.5 million), signed by the debtor’s director, and no extrinsic evidence needed provisional sentence is the ……….
