Description
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 from Jock Builders. The material/supplies are delivered by Jock Builders to Mr Peters, and a copy of the invoice is handed to Mr Peters. Mr Peters neglects to pay for the building material/supplies. Despite repeated requests by Jock Builders, Mr Peters does not pay or settle the amount. Jock Builders wants to sue Mr Peters for the outstanding amount. The owner of Jock Builders approaches you for legal advice regarding the proceedings to be instituted against Mr Peters. Answer the following questions, using proper references. Note: In your answers, you are required to make up facts/create facts to supplement the given facts of the case in so far as your own rendition does not detract from the core issues. (a) Discuss the type of summons that Jock Builders will use to recover the outstanding amount. (4) 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) (b) Prepare a draft of the provisional sentence summons and highlight all the necessary averments that must be included in the summons (10 marks) (c) Discuss fully the legal consequences should provisional sentence be refused by the court (7 marks) (d) If the court grants provisional sentence, would it still be possible for the defendant to enter into the principal case? Discuss fully the steps that the defendant would need to take in this instance. (7 marks) (b) Draft the summons chosen in 1(a) above. (10) (c) The owner of Jock Builders requests your advice regards a suitable ADR (alternative dispute resolution) mechanism to resolve the dispute with Mr Peters expeditiously. Discuss briefly whether arbitration or negotiation is the most suitable ADR mechanism having regard to the given facts and advise Jock Builders accordingly. (10)
Rowen99 –
Good helping a lot