Nuisance Meaning and Implication Under Nigerian Law

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© 2023 The Street Lawyers
C IVIL L AW C R IMIN AL L AW
NUISANCE: MEANING AND IMPLICATION UNDER

NIGERIAN LAW
Posted on July 9, 2022 by Veronica
+3
In one way or another we have all encountered situations we may term as

“Constituting Nuisance” but then what is Nuisance?
Ad removed. Details
Table of Contents
1. What is Nuisance?
1.1. When is Nuisance Actionable?
1.2. Types of Nuisance
1.2.1. Private Nuisance
1.2.1.1. Categories of Private Nuisance
1.2.1.2. What to Prove when Suing under Private Nuisance
1.2.2. Public Nuisance
1.3. Section 234 of the Criminal Code Act in Nigeria:
1.4. Differences between Public and Private Nuisance
2. Conclusion
What is Nuisance?
In ordinary parlance, Nuisance may be termed a disturbance, an inconvenience or
obstruction from the quite enjoyment of ones environment.
According to Black’s Law Dictionary 9th Edition, Nuisance is defined as a condition,
activity, or situation (such as a loud noise or foul odor) that interferes with the use or
enjoyment of property.
Nuisance was also defined by the Supreme Court in the case of IPADEOLA & ANOR. v.
OSHOWOLE. (1987) LPELR-1531 (SC) to be;
“an act or omission which is an interference with or annoyance to a person in the

exercise or enjoyment of:
a right belonging to him as a member of the public, when it is public nuisance;

his ownership or occupation of land or some easement, profit or other rights used or
enjoyed in connection with land, when it is a private nuisance.”
When is Nuisance Actionable?

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). The next question one may ask is; what then may be said to
legally constitute Nuisance?
In the case of ADEDIRAN & ANOR v. INTERLAND TRANSPORT LTD (1991) LPELR-
88(SC), the Supreme Court held that;
“Nuisance is 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.”
Types of Nuisance
From the case mentioned above, it is clear that there are two types of Nuisance;
1. Public Nuisance;
2. Private Nuisance.
Private Nuisance
The tort of private nuisance essentially arises wherever an individual takes up
residence. It is important to understand that acts taken on ones land may negatively
affect the private and peaceful enjoyment of the land of another individual.
In other words, 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.
Categories of Private Nuisance

Private nuisance may be classified into three categories, namely:
1. Physical injury to plaintiff ’s property: e.g., where the plaintiff’s harm is affected
by the fumes from the defendant’s factory.
2. Substantial Interference with the plaintiff ’s use and enjoyment of his land: for
example, when the loud sound of machines emanating from the defendant’s
factory can be heard in the plaintiff’s residence.
3. Interference with easements and profits: e.g., where the defendant wrongfully
obstructs the plaintiff’s right of way or right to light.
What to Prove when Suing under Private Nuisance

For a Claimant to enjoy the backing of Law under Private Nuisance he/she most prove:
1. That an interference with the enjoyment of land has occurred;
That such interference is a continuing situation and not a one-off incident;

Must interfere with the use of land and not merely “things of delight” such as
views;
If allowed to continue, could result in naturally occurring hazards;
The defendant is aware of it and has failed to take reasonable precautions.
2. That the interference was unreasonable. For instance; caused out of malice;
3. Damage was caused by the interference. It need not be physical damage,

inconvenience or discomfort can be enough, the claimant must prove the
interference caused the damage.
Public Nuisance
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.
Public nuisance occurs when a person by his action or inaction causes inconvenience
to the general public. This could be in the form of blocking the road, the release of
fumes from a factory, the making of loud noise and so on. Public nuisance is generally a
crime under common law, it is actionable only by the Attorney General (this has been
made void by the provision of section 6(6)(b) of the 1999 Constitution).
In Nigeria, public nuisance has been made criminal by the provision of S.234 of the
Criminal Code.
Section 234 of the Criminal Code Act in

Nigeria:
Any person who‐
(a) obstructs any highway, by any permanent work or erection thereon or injury thereto,
which renders the highway less commodious to the public than it would otherwise be; or
(b) prevents the public from having access to any part of a highway by an excessive and
unreasonable temporary use thereof, or by so dealing with the land in the immediate
neighbourhood of the highway as to prevent the public from using and enjoying it
securely; or
(c) does not repair a highway which he is bound to repair; or
(d) does not repair a bridge which he is bound to repair; or
(e) willfully diverts or obstructs the course of any navigable river so as to appreciably
diminish its convenience for purposes of navigation; or
( f) does any act not warranted by law, or omits to discharge any legal duty, which act or
omission obstructs or causes inconvenience or damage to the public in the exercise of
rights common to the public,
is guilty of a misdemeanor and is liable to imprisonment for two years.
It is immaterial whether the act complained of is convenient to a larger number of the

public than it inconveniences, but the fact that the act complained of facilitates the
lawful exercise of their rights by a part of the public, may show that it is not a nuisance
to any of the public.
The owner of a vessel wrecked in a navigable river is not guilty of a common nuisance
because he does not remove it.
An individual can bring an action to court against a public nuisance, when he has
suffered ‘particular damages’ by the interference. This ‘particular damages’ must be
such that is over and beyond the ordinary damages suffered by other members of the
society.
This was decision of the Court in Amos vs. Shell BP Nigeria Ltd, it was held by the
court that;
“a private individual would have a right of action when it comes to public nuisance if he
can establish before the court that by the defendant’s action, he has suffered damage over
and above other members of the society“.
Remedies awarded to a claimant in the tort of Nuisance both public and private are
mostly injunctions and damages.
Differences between Public and Private

Nuisance
Differences between Public and Private Nuisance
From the foregoing, let us now consider some differences between Public and Private
Nuisance.
1. A public nuisance affects the public generally, while a private nuisance affects a
party privately.
2. Public nuisance is a crime, and a tort when particular damage is proved by an
individual. However, private nuisance is solely tortious.
3. Public nuisance is actionable by the Attorney General, while private nuisance is
not.
4. To succeed in Private Nuisance, the plaintiff must have an interest in the land.
Such an interest is unnecessary in an action arising under public nuisance.
Conclusion
In Nigeria where we encounter situations that constitute Nuisance, it is better to be
armed with the law to know that which is actionable and entitle one to the remedies
accruing to an aggrieved party.
Written by Veronica Ekesiobi
+3
civil law Crimes
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    

© 2023 The Street Lawyers

NUISANCE: MEANING AND IMPLICATION UNDER

In one way or another we have all encountered situations we may term as

“an act or omission which is an interference with or annoyance to a person in the

a right belonging to him as a member of the public, when it is public nuisance;

When is Nuisance Actionable?

“Nuisance is an act of commission tending to interfere with, disturb or annoy a person or

The essence of liability for private nuisance is an unreasonable interference with

Categories of Private Nuisance

What to Prove when Suing under Private Nuisance

1. That an interference with the enjoyment of land has occurred;

That such interference is a continuing situation and not a one-off incident;

3. Damage was caused by the interference. It need not be physical damage,

Section 234 of the Criminal Code Act in

(c) does not repair a highway which he is bound to repair; or

(d) does not repair a bridge which he is bound to repair; or

is guilty of a misdemeanor and is liable to imprisonment for two years.

It is immaterial whether the act complained of is convenient to a larger number of the

Differences between Public and Private

Written by Veronica Ekesiobi

civil law Crimes

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What is Corporate Social Responsibility and Why is it Important?

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SECTION 130, 131 AND 132 OF THE 1999 CONSTITUTION: PRESIDENT OF

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Legal Implications of Church Marriages in Nigeria

Section 36 of the 1999 Constitution: Right to Fair Hearing

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