IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA

(MAIN REGISTRY)

AT DAR ES SALAAM

MISCELLANEOUS CAUSE NO 8 OF 2022

IN THE MATTER OF AN APPLICATION FOR

LEAVE TO APPLY FOR ORDERS OF MANDAMUS AND PROHIBITION

AND

IN THE MATTER OF AN APPLICATION TO CHALLENGE THE DECISION OF

THE DISTRICT EXECUTIVE DIRECTOR OF BAGAMOYO DISTRICT COUNCIL,
ON ILLEGAL SUSPENSION OF PRIMARY MINING LICENCES No, PML 0637,
0638 AND 0639 DSM (PML) TO M/S ALLY SAID MBAWE, TRADING AS;
KANDAWALE KIPILIPILI BUILDING SUPPLIES AND HASSAN MWINYI USINGA

BETWEEN

ALLY SAID MBAWE, TRADING AS; KANDAWALE KIPILIPILI BUILDING

SUPPLIES ……………….1ST APPLICANT

HASSAN MWINYI USINGA …………………………………………2ND APPLICANT

AND

THE DISTRICT EXECUTIVE DIRECTOR OF BAGAMOYO DISTRICT

COUNCIL……………1ST RESPONDENT

THE HONOURABLE ATTORNEY GENERAL………………………2ND

RESPONDENT

COUNTER AFFIDAVITY

I, Careen Masonda, an Adult, Female Christian and Resident of Dar es Salaam do

hereby TAKE OATH and STATE as follows

1. That I am a State Attorney working in the Office of the Solicitor General

stationed at Dar es Salaam; and, by virtue of my employment, I have been
 assigned to deal with this matter; hence, conversant with the facts I am about
to depone hereunder.

2. That, I have read and understand the chamber summons and affidavit of the
Applicants and wishes to reply as follows;

3. That, the contents of paragraph 1,2 and 3 of the affidavit are noted.

4. That, the content of paragraph 4 are denied

5. That, the content of paragraph 5 of the affidavit are denied and the applicant
is put under strict prove the same

6. That, the content of paragraph 6 of the affidavit are denied. The respondent
took all reasonable steps to cancel the permit after discovering that the area
in which the applicants were conducting their activities belong to Export
Processing Zone Authority (EPZA).

7. That the content of paragraph 7 of the applicants’ affidavit are denied. The
office respondent no 1 has always been available to its client