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Consensus Ad Idem re: Offer and Acceptance, Counter-Offer and the Concept of Vinculum Juris

HH135-09 : SIMBARASHE ANTONIO and KINGSTONE MUJATI and ASHANTI GOLDFIELDS ZIMBABWE LIMITED vs ASHANTI GOLDFIELDS ZIMBABWE LIMITED and REGISTRAR OF DEEDS and KWADZANAYI BONDE
Ruled By: MAKARAU JP

With the consent of all the parties, I consolidated the hearings of the above three matters as they involve the same dispute between Ashanti Goldfields Zimbabwe Limited and three of its former workers. Again, with the consent of the parties, I agreed that the three former workers give their combined evidence first even ...
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SC13-09 : CALISTO CHIRENJE vs VENDFIN INVESTMENTS (PRIVATE) LIMITED AND TWO OTHERS
Ruled By: CHIDYAUSIKU CJ, SANDURA JA and MALABA JA

An offer can be amended, varied, or altered at any time before acceptance.
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SC07-09 : ASHANTI GOLDFIELDS ZIMBABWE LTD vs CLEMENTS KOVI
Ruled By: SANDURA JA, CHEDA JA and ZIYAMBI JA

PROFFESSOR R.H. CHRISTIE makes it clear in his Rhodesia Commercial Law Book…, that: "There must obviously be at least two parties to every contract and the necessary agreement between them will always manifest itself in the form of an offer from the one side and an acceptance of that offer by the other side."
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HH30-12 : VARAIDZO MATEKO vs ZENUS BANDA
Ruled By: MAVANGIRA J

From a perusal of the judgment of the court..., against which the respondent's appeal lies, it is clear that no evidence was placed before the court to show that the appellant's offer was accepted. Rather, what clearly emerged on the evidence before the court was that the respondent's offer was never accepted. At page..., ...
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HH93-09 : HAVEN CHIKUMBU vs BRYDEN TECHINICAL SERVICES (PRIVATE) LIMITED AND THE REGISTRAR OF DEEDS AND THE DEPUTY SHERIFF FOR HARARE
Ruled By: CHITAKUNYE J

The first respondent...., contended that it did not see the applicant's irrevocable offer letter and acceptance, and it, therefore, did not accept his offer. On whether the first respondent accepted the offer by the applicant, it is common cause that the first respondent nominated, and appointed, Nandi Properties (Private) Limited as its agent in disposing ...
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HH117-09 : MICHAEL KATEKETA vs ONE WORLD GALLERIES (PVT) LTD and A MPOPOMA
Ruled By: MAKARAU JP

On 30 October 2008, the plaintiff issued summons against the defendants claiming delivery of certain specified railway sleeper furniture. In his declaration, the plaintiff alleged that he and the defendants entered into an agreement in December 2007, in terms of which the defendants agreed to manufacture for him certain specified items of furniture. He further alleged that ...
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HH133-09 : EZERA MUSHANDIKWA vs NATIONAL RAILWAYS OF ZIMBABWE AND THE DISTRICT CIVIL ENGINEER N.O. FOR NATIONAL RAILWAYS OF ZIMBABWE
Ruled By: MTSHIYA J

Counsel for the applicant further submitted that clause 7.1 of Special Notice 2313, which set out procedures for taking advantage of the first respondent's offer of houses for sale was a mere formality to enable transfers. Counsel for the first respondent argued that as a non-employee of the first respondent, the applicant was not covered under ...
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HH133-09 : EZERA MUSHANDIKWA vs NATIONAL RAILWAYS OF ZIMBABWE AND THE DISTRICT CIVIL ENGINEER N.O. FOR NATIONAL RAILWAYS OF ZIMBABWE
Ruled By: MTSHIYA J

The first respondent, who was not the applicant's employer, never made an offer to him as a member of the public.
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HH133-09 : EZERA MUSHANDIKWA vs NATIONAL RAILWAYS OF ZIMBABWE AND THE DISTRICT CIVIL ENGINEER N.O. FOR NATIONAL RAILWAYS OF ZIMBABWE
Ruled By: MTSHIYA J

The first respondent never offered to sell the property to the applicant for any price in terms of Special Notice 2313 (clause 2.1.4), and the applicant, as a member of the public, never made an offer which was accepted by the first respondent. There was, therefore, no contract between the parties, and this court cannot force ...
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HB24-09 : SIKHULILE MOYO vs THABANI KHUMALO and ESTATE LATE SIBONILE MLILO (represented by Bongani Ndlovu) and ASSISTANT MASTER OF HIGH COURT, BULAWAYO and CITY OF BULAWAYO
Ruled By: CHEDA J

The fact that the first respondent unilaterally made a mistake about the purchase price, by reason of miscalculation in view of the prevailing inflationary environment is not a legal reason which can justify his resiling from this contract. This principle was clearly laid down in University of Zimbabwe v Gudza 1996 (1) ZLR (S)…, quoted with approval in ...
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HH158-10 : SIZE MAVUTO vs PAUL GOSTINO and PROMENADE REAL ESTATE and THE REGISTRAR OF DEEDS
Ruled By: GOWORA J

It seems as if the second respondent already had buyers on its books for a property such as the first respondent had on offer, because on 26 August 2008 an offer was received from the applicant for the purchase of the property. The offer, which was in writing, was for the sum of $225,000,000= ...
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HH136-10 : LOCAL AUTHORITIES PENSION FUND (PVT LTD vs MOONLIGHT PROVIDENT ASSOCIATES (PVT) LTD
Ruled By: HUNGWE J

It is the respondent who offered to pay this sum as rentals and the applicant accepted the offer.
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SC29-13 : BETTY KANYUCHI vs DRAWING SERVICES (PVT) LTD
Ruled By: MALABA DCJ, GARWE JA and GOWORA JA

This is an appeal from a judgment of the High Court in which it granted an application for an eviction order against the appellant on the basis that the respondent was the owner of the property known as Stand number 3182 of Subdivision A of 159 of Prospect, Harare. The appellant was found not to ...
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HH130-16 : YAKUB MAHOMED vs JOHN ARNOLD BREDENKAMP
Ruled By: CHIGUMBA J

The court was referred to PG Industries (Zim) Ltd v Machawira 2012 (1) ZLR 552 (H), which quoted with approval from R.H. CHRISTIE, Business Law in Zimbabwe, 2nd ed…, as follows: “To be effective in creating a contract, acceptance must be so clear and unequivocal as to leave no reasonable doubt in the offeror's mind that his offer has been accepted: Selected Mines ...
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HH407-17 : MISHECK MUZA vs REGGIE SARUCHERA (as liquidator of J W JAGGERS WHOLESALERS PL) and PRICE TRUST and MASTER OF HIGH COURT and REGISTRAR OF DEEDS
Ruled By: MATANDA-MOYO J

VAN DER MERWE, VAN HUYSSTEEN, REINECKE and LUBBER in their book Contract: General Principle, defines on offer as follows; “An offer is an expression of will, made with the intention of creating an obligatory relationship on certain or ascertainable terms with another, and brought to the attention of the addressee, so as to enable him to establish a ...
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HB02-12 : MUNICIPALITY OF VICTORIA FALLS vs LOIDA NYATHI and 11 OTHERS
Ruled By: NDOU J

These are twelve cases, which were consolidated into two matters, which were heard at the same time.For easy reference, the one matter involved what may be called the ZimSun houses (five (5) defendants under HC2224/08). The five defendants being Alice Ndlovu, Sivumo Ndlovu, Kambarachi Zex Raura, Freda Khumalo and Simolita ...