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20 Jan

TORT 2.4B PUBLIC NUISANCE

PUBLIC NUISANCE.

These are activities which threaten the health, convenience, morality, safety and welfare of a community rather than an individual or the whole country. For example keeping deceased animals, obstruction of highway-See Section 234 of the Criminal Code, Section 192 and 193 of the Penal Code and so on.

Lord Denning in AG V PYA Quarries stated that a public nuisance is one which is so widespread that we should expect the community rather than an individual alone to take an action to stop it. See also Registrar of Corby Group Litigation V Corby Borough Council.

:: Only the Attorney General or a person authorised by him can sue for public nuisance- Amos V Shell-BP. Although a plaintiff who can show that he has suffered peculiar damage over and above other members of the community may be successful- Rose V Miles. In Savage v. Akinriade, the plaintiff was able to show peculiar damage where defendant’s obstruction of a public street interfered with the access of staff, parents and pupil to the plaintiff’s school.

NB: If an argument is brought up in the exams, you should note Section 6(6b), 17(1e) and 46(1) of the 1999 Constitution which encourages/ensures accessibility to the courts. Note also Gani Fawehinmi V Akilu which relaxed the locus standi rule.

 

Isochukwu

Quite eccentric really

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