THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY
NUISANCE
In ordinary language, Nuisance may be termed a disturbance, an inconvenience or an obstruction from the quiet enjoyment of one's environment.
Nuisance was defined by the Supreme Court in the case of ADEDIRAN & ANOR v. INTERLAND TRANSPORT LTD (1991) LPELR-88(SC) as an act of commission tending to interfere with, disturb or annoy a person or persons in the exercise or enjoyment of a right belonging to that person or persons; if the person whose right is so infringed is an individual, the nuisance is a private one, but when it affects the public or a class of the public, it is then a public nuisance, whereas the private nuisance is within the competence of the victim to prosecute civilly, the public nuisance is a criminal matter for prosecution by the Attorney-General.”
Despite the broad definition given explaining Nuisance, not all situations that constitute Nuisance is actionable under Tort’s law ( A Tort is a breach of duty which has been imposed by law).
Public nuisance is a crime, and a tort when particular damage is proved by an individual. However, private nuisance is solely tortious. Public nuisance is actionable by the Attorney General, while private nuisance is not.
From the foregoing, it is clear that there are two types of Nuisance;
1. Public Nuisance;
2. Private Nuisance.
Private nuisance involves the use of one’s property in a manner that causes significant harm to another individual’s use or enjoyment of their private land.
The essence of liability for private nuisance is an unreasonable interference with another’s use or enjoyment of land and, in assessing what is reasonable, the courts will try to balance each party’s right to use the land as they wish.
In other words, Private nuisance, unlike Public nuisance, is designed to protect the interest of owners or occupiers of land from any form of impediment to the enjoyment of their land that may arise as a result of another party’s substantial interference.
Public nuisance is a crime, but in certain situations, can also create a cause of action in tort. It applies where a nuisance ‘materially affects the reasonable comfort and convenience’ of a class of people. Claimants must prove they have suffered special damage, other than that suffered by the affected group. In Nigeria, public nuisance has been made criminal by the provision of S.234 of the Criminal Code.
It must be noted that the difference between the two forms of nuisance is not watertight.
There may be occasions where a single action may give rise to liability in both public and private nuisance.
Also, there must be substantial interference for liability to arise under both categories.
FROM THE DIRECTORATE OF RESEARCH
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