In the case of Standard Bank of SA Ltd v Stander and
Others, the issue before the North West Division of the
High Court of South Africa concerned whether an unsigned home loan
agreement – which was relied upon by Standard Bank of SA Ltd
(‘the plaintiff') to enforce arrear
payments against five persons (‘the
defendants') – failed to disclose a cause of
action and accordingly rendered Standard Bank's particulars
of claim excipiable.
Background facts
Standard Bank had concluded a written home loan agreement in
terms of which ZAR2 314 908.19 was lent and advanced to the
defendants. The home loan agreement was over a period of 240 months
with the initial minimum monthly repayment of ZAR23 253.93 becoming
due 30 days after registration of the mortgage bond, and thereafter
on the same day each month thereafter. Standard Bank contended that
the defendants had failed to repay the instalments as agreed in
terms of the home loan agreement, and consequently instituted
