Court name
High Court of South Africa South Gauteng Johannesburg
Case number
41714 of 2019

Abner Engineering and Supplies (Pty) Ltd v Thaver (41714 of 2019) [2022] ZAGPJHC 279 (11 May 2022);

Media neutral citation
[2022] ZAGPJHC 279
Headnote and holding:

In provisional sentence proceedings a defendant is called upon to admit or deny liability arising out of a liquid document, and to admit or deny its signature on the liquid document. 

Any defence that may be relied upon in defence to an illiquid claim may be raised in provisional sentence proceedings.

The defendant may rely on defences that go behind the liquid document but the provisional judgment will be granted unless the probabilities favour the defendant. If the probabilities favour the defendant judgment will not be granted.

If the probabilities are evenly matched judgment will be granted unless the defendant demonstrates an inability to satisfy the judgment debt and a reasonable prospect that oral evidence might tip the balance of success in the defendant’s favour.

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Coram
Moorcroft AJ