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)

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 offeror — 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