1. ANTONIO v ASHANTI GOLDFIELDS ZIMBABWE LTD & ANOR; 2. Mujati v Ashanti Goldfields Zimbabwe Ltd & Anor; 3. Ashanti Goldfields Zimbabwe Ltd v Bonde 2009 (2) ZLR 372 (H)

2009 (2) ZLR p372

Flynote

Company – employee – evidence given by employee – need for employee to be suitably placed within structures of company to have knowledge of facts to which he deposes – employee not being so placed nor having such knowledge – effect of his evidence

Contract – formation – offer – what constitutes an offer – proposal intended to create binding legal relations and which so appears to the offered – what constitutes – need to consider terms of offer so as to determine how acceptance to be made – offer silent as to how it is to be accepted – how offer can be accepted – any conduct consistent with acceptance sufficient to create vinculum juris

Contract – option – offer by company to sell its houses to its employees residing therein on stipulated terms – such offer in effect an option, alternatively an irrevocable offer, by the company to sell its houses to its employees – offer accepted upon the signing of lease agreement or upon affecting rental payments in terms of the scheme.

Evidence – evidence given upon behalf of a company – employee giving evidence – need for employee to be suitably placed within government structures of company to have knowledge of the facts to which he deposes – employee not being so placed nor having such knowledge – effect of his evidence