20 Jan
TORT 2.4A NUISANCE (INTRODUCTION)
TOPIC FOUR: NUISANCE (Latin nocentia or nocumentum)
The law seeks to balance the competing claims of individuals to enjoy their land and the right of others not to be disturbed-Oputa J in Moore V Nnado.
Nuisance generally connotes something irritating, annoying, etc. but don’t be carried away. In Legal parlance, nuisance is any continuous and unreasonable conduct which substantially interferes with comfort and enjoyment.
Nuisance is not actionable per se meaning that the plaintiff must prove damage.
Under Nigerian Law, there are two kinds of nuisance;
- Public nuisance
- Private nuisance.
In Scotland and some other jurisdictions, such classification of nuisance is not recognized.
We shall discuss further in the next lessons
