By Andante Okanya  

City Street parking manager Multiplex Limited has asked the High Court in Kampala to dismiss the suit filed by motorists challenging its activities, saying the wrong entity was sued.

On Wednesday, Multiplex lawyer Andrew Kibaya raised a preliminary objection, stating that the representative complainants Legal Brains Trust (LBT) and Richard Nyakaana, filed a defective civil suit that cannot be sustained.

Kibaya told court presided by Justice Elizabeth Musoke, that Multiplex is only managing parking as an agent of Kampala Capital City Authority (KCCA).

"Multiplex is just an agent of a disclosed principal (KCCA). Our point is that as an agent of a disclosed principal, there is no liability on an agent," Kibaya said, reiterating the judge's prior insistence that KCCA must be part of the suit, since it contracted Multiplex.

The case arose this year on May 16 when regional consulting firm LBT and Nyakaana petitioned court, contending that KCCA)  and its predecessors, have never designated parts of roads and streets identified as  parking places in the city within the parking and motor vehicle regulations.

They contend that car parking fees, parking fines,clamping fees, is unlawful and an infringement of their right  to property.They want court to declare that they are entitled to a refund of the revenue collected by Multiplex since 2003 when they commenced operations.

Supported by the affidavit of LBT executive director Isaac Ssemakadde also a lawyer, he contends that Multiplex which was preceded by Green Boat Entertainment on March 15, 2003, is harsh and that he has fallen victim to its purported highhandedness.Ssemakadde claims  he has been compelled on  numerous occasions to pay the contentious fees.

He also notes that the suit was filed to query Multiplex's purported unabated abuse and disregard of the country's Constitution.

But on Wednesday, Kibaya emphasised that where an agent concludes the contract of the principal, it is the principal to be sued, and not the agent. Kibaya submitted that KCCA should have been part of the suit, since the issues raised by the complainants; cast a spotlight on the activities of KCCA.

Kibaya further stated that the suit was an abuse of court process, arguing that the complainants did not submit the names of all the aggrieved motorists, both alive and deceased.

The complainant’s lawyer Terence Kavuma, asked court for an adjournment to enable him make a comprehensive response.He is expected to file his response on October 19. The ruling is fixed for November 30.