Generally,
public nuisance is a crime and usually only the attorney General may bring
action for it. However, some other persons that can bring action against public
nuisance are:
1.
The
public and
2.
A
private person, or person, having a right to go to Court by virtue of sections 6 (6) and 17 (i) (e) of the 1999
constitution, and obtain relief if he can show that he had suffered
particular damage over and above the general public.
In the case of A.G. V. P. Y.
A: quarries (1957) 2 QB 169 CA. What happened in that case
was that
defendants owned a quarry at which blasting of rocks took place. It was
evidently shows that some stones and splinters were hurled out of the quarry,
and dust and vibration from the quarry, caused discomfort to nearby dwellers.
The Attorney General brought information on behalf of the country councils
responsible` for the areas. The defendant augured that it was not more than
a private nuisance as to few people were affected for it to be a
public nuisance.
The court held:
That the defendant
company were liable for a public
nuisance and the attorney general was entitled to relief…