Law of Tort – Nuisance GROUP D

Objectives  Introduction  Public Nuisance  Private Nuisance  Defenses  Remedies  Distinction between public and private nuisance  Nuisance and negligence distinguished

Introduction  The word nuisance has been derived from the French word ‘nuire’ and the Latin word ‘nocere’ or ‘nocumentum’ which in legal sense means annoyance or harm.  Indeed the element of unlawful annoyance is the only thing common to all nuisance. Everyone thinks that he should use is land in a manner in which e likes and on te oter and, is neigbour wants tat e sould ave a quiet enjoyment of is land.

Public Nuisance  Public Nuisance is a crime.  It materially affects the reasonable comfort and convenience of life of the people in general or a class of persons who come within a sphere or neighborhood of its operation.  Of course since it’s a crime, the offender may be punished under criminal law.  however when from such act there is some special injury to an individual different from what is suffered by the public in a general he may institute civil proceedings for damages against the offender or wrongdoer.  Public nuisance may become “private nuisance”

Public Nuisance cont.…  Public nuisance doesn’t Couse any special damages or particular injury an individual being annoyed like other can’t file a civil suit.  Thus private individual can bring a civil action in respect of public nuisance if he proves that he has suffered a particular injury to himself beyond that suffered by the test of the public

Private nuisance Private nuisance may be described as unlawful interference wit a person’s use or enjoyment of land, or some right over or in connection wit it. Generally, the essence of the nuisance is a condition or activities which is either continuous or recurrent and unduly interferes with the use or enjoyment of the land. In every case of the nuisance, following elements are to be proved by the plaintiff. 1- undue or unreasonable interferes. 2- Interference must be with the use or enjoyment of the land. 3- Damage

Defenses The following are valid defences to an action for nuisance. Prescription- A nuisance can be legalized by prescription. this is a special defence available in the case nuisance. The right to continue a private nuisance may be acquired as easement by prescription.

Cont…………….  Statutory authority- where a statute has authorized the doing of a particular act all remedies, whether by way of indictment or action, are taken away, provided that every reasonable precaution consistent with the exercise of the statutory powers have been taken.