INTRODUCTION
Nuisance is one of the most
useful common law tools quotable in
environmental cases. It can partially
provide a remedy for a variety of
environmental concerns such as odors,
vibrations from machinery, industrial pollutants or noise. A person
whose property is physically damaged or a person who suffers
substantial interference with the use and enjoyment of property as a result of an activity by another person may have an action in private nuisance
in the case of direct physical injury where actual damages to health or to property has
resulted, that person will recover in nuisance even if the other party’s action were reasonable in the circumstances. It follows
therefore that in order to make are that
every property owner enjoys his property to the
maximum without infringing on others freedom, the law imposes some restrictions
on the land owners use of his land.
CHAPTER ONE
Nuisance
simple means inconvenience or annoyance, but the tort of nuisance has a more restricted scope
and not every inconvenience or
annoyance is actionable . It is
often used to describe an
inconvenience rather than an identifiable harm or injury. Nuisance is an act or omission which is an
interference with, disturbance of or
annoyance to a person in the exercise to enjoyment of;
a.
A right belonging to him as a
member of the public,
b.
His ownership, or occupation of
land or some easement, profit other right, good enjoyed in connection with land, as held in Ipadeola V. Oshowole, where the court held that nuisance is an act or omission
which is an interference with,
disturbance of , or annoyance to a
person in the exercise or enjoyment of his
right. The law of nuisance was created to stop such bothersome activities or
conduct when they unreasonably interfered either with the rights of other
private land owners or with the
right of the general public. We have two lands of nuisance;
1.
Public Nuisance: Public
nuisance is committed where a person
carries on some harmful activity which affects the general public, for e.g where the owners of a factory cause, or where fumes and
smoke to pollute the atmosphere
in the locality, or where an obstruction is caused on the public highway. Public nuisance includes; interference with
public health, safety, public peace,
morals and convenience. Any act which appears to interfere with these rights and interests would be actionable under public nuisance e.g the keeping of diseased animal or a mosquito interested pond were actionable as interference with public
health public nuisance is a crime as
well as a tort.S.2(3) of criminal code
provides for punishment of sanction on any citizen who violates it . The tort of private nuisance it designed
to protect each person in lives individual capacity. Lord Denning in the case
of A.G
V P.Y.A Quarres Ltd., defined public nuisance as a nuisance which is so
widely spread in each range or so
indiscriminate in its effect that it
will not be reasonable to aspect one
person to take proceedings on his own responsibility of the community at large
“ also in S.2 (5) of the Anambra State
tort law provides that a nuisance is public if it inflicts damage, injury or inconvenience upon
the public at large.
2.
It is generally accepted that any conduct which is harmful or inconvenience to the general public or a segment of it
large enough to constitute a
class is actionable by the attorney general limited action for recovery
by individual plaintiff as also allowed for a public nuisance of he can proof
or show that the defendants conduct has caused
him particular damage” over and
above that suffered by the general
public. In Amos V shell –B.P ( Nigeria) ltd, the
defendants, in the course of
their work in the oil industry constructed
a temporary dam across a public navigable creek in the river state. The plaintiff,
representing the entire ogbia community, brought an action for damages,
alleging that the erection of the dam had caused sever flooding on their land, and had
obstruct the creek, so that members of the
community were unable to pass
with or canoes to transport goods to and from the market. It
was held that he cannot maintain an
action against the defendant because he
has not proved special damage
against the defendant but in camped v padinton borough council ltd, the
defendant city council unlawfully
erected a stand as borough place
(that is public street ) in order that the
members of the council might view the funeral procession of king Edward
ii passing along the road. The plaintiff
who occupied attain premises in the place often let the premises for the purpose of viewing
public procession passing long the road.
The stand, obstructed the view of the procession for the plaintiffs house and she was enable to let the premises for that purpose it was
held, that the stand constitute a
public nuisance and the
plaintiff could maintain an action for special damage, which she had
suffered through the lost of view. And it is also provided for in S. 6 (6)
of the 1999 constitution
3.
Private nuisance : Private nuisance is
a violation of ones
use of quiet enjoyment of land,
it is designed to protect the
individual owner or occupier of land
from substantial interference with his enjoyment thereof. The whole law of private nuisance represents an attend
to preserve a balance between two
conflicting interests, that of one occupier in using his land as he thinks fit,
and land. Thus a private nuisance does not necessity need to be unlawful or
illegal, to may be and usually accused by a person doing on his land something
he is lawfully entitled to do and which only becomes a nuisance when the
consequences of his are not conferred to his own land but extents to it and of
another which extension cause
(a)
Enchroachment to his neighbour’s land
(b)
Physical damage to his neighbour’s land and thing there on.
(c)
Undue interference with his neighbour’s, in conforming and convenience
with his enjoyment of his land.
PURPOSE OF NUISANCE
The
tort of nuisance serves to presence the character of neighbor hood through the
elimination of the non conforming use of
land in a particular distract. This or injuring other person for his conduct or
use of property. The whole idea of nuisance is that a person should conduct
himself and use his property so as not to injure or cause discomfort,
inconvenience to another person the purpose is also to maintain a balance between
the right of a person to do what he likes on his property and the right of his
neighbor or person to be free from interference or inconvenience. It is also
made to protect the environment with human and animal relax, which determines
our health and well being.