IN THE HIGH COURT OF TANZANIA

(LAND DIVISION)
AT SONGEA

MISC. CIVIL APPLICATION NO. 12 OF 2011

(In Civil Case No. 2 of 2011)

BETWEEN

EDWIN CLEMENCE MWAKAMBAYA

t/a MWAKAMBAYA ENTERPRISES LIMITED …………….APPLICANT

VERSUS

1. EXIM BANK (TANZANIA) LIMITED

2. AHADI COMPANY LIMITED …………….. RESPONDENT

COUNTER AFFIDAVIT

I, DINESH ARORA a Hindu Gentleman and resident of Dar es Salaam

take an oath and state as follows:

1. I am the principal officer of the respondent hence conversant of the

facts I am about to depone to.

2. I have read and understood the affidavit of Edwin Clemence

Mwakambaya and I wish to reply to the same as follows.

3. I have noted the contents of paragraph 1 and 2 of the affidavit of

Edwin Clemence Mwakambaya, save for the value of the house,
which I am not aware of.

4. The contents of paragraph 3 are vehemently disputed. I deny that

the 1st respondent recommended the loan of Tshs. 30,000,000/=. It
merely approved the Tshs 7,000,000/= and thereafter the applicant
did mortgage his house for the approved loan.
 5. I admit the contents of paragraph 4 to the extent of the amount
that was offered to the applicant. The rest of the contents are
disputed. I state that the applicant never requested for the alleged
balance of Tshs. 23,000,000/= and he was not entitled to the same
as it was not approved or offered.

6. With regard to the contents of paragraph 5 I note the fact that the
applicant paid Tshs. 1,000,000/=. The balance thereof is Tshs.
19,829,621 inclusive of interest, as at 19 th July, 2011. I deny that
the applicant had mobilized distribution of the said inputs, as
alleged or at all. I put him on the very strict proof.

7. I have noted the contents of paragraph 6. I state that the

respondent was entitled to issue such a notice through the second
respondent due to the default by the applicant to pay the amount
due and payable.

8. I dispute the contents of paragraph 7 of the affidavit. I reiterate

that the 2nd respondent is a competent person to issue such a
notice as an agent of the 1st respondent.

9. The presence of the suit as alleged in paragraph 8 is noted,

notwithstanding its ambiguities.

10 .I vehemently dispute the contents of paragraphs 9 and 10 of the

affidavit. I state that the applicant can not suffer any loss as he has
already benefited from the loan that he has not repaid. It is the 1 st
respondent who is likely to suffer irreparable loss as by no means
can it recover its money unless by selling the mortgaged property,
taking into account that the applicant has defaulted to pay for very
long time.

Dated at Dar es Salaam this ________day of _________________2011.

………………………………..
Deponent
 VERIFICATION

What I have stated above under paragraph 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10

are true to the best of my own knowledge.

Verified at Dr es Salaam this _________day of __________________2011

………………………………….
Deponent

AFFIRMED at Dar es Salaam by the said

___________________________________ who
has been identified to me by G. S. Mnyele, ……………………………
the latter being known to me personally Deponent
this ________day of _______________2011

BEFORE ME

…………………………………………
COMMISSIONER FOR OATHS

Presented for filing this ________day of ___________________2011.

………………………………………….
Registry Officer

Copy to be served upon

S. M. WARYUBA
ADVOCATE
P.O. Box 1341
SONGEA
Drawn and filed by

Marando, Mnyele and Company Advocates

Plot No. 352/64, Makunganya Street
Adjacent to Heritage Motel
P.O. Box 12519
Tel: 2122966
Fax: 2137665
Email: maberemarando@yahoo.com
DAR ES SALAAM