AN APPRAISAL OF THE RIGHT TO SUE FOR THE TORT OF PRIVATE NUISANCE IN NIGERIA

Liability in the tort of nuisance can be categorised into public and private. Public nuisance is generally a crime unless where the right of an individual has been affected in which case the tortuous aspect of public nuisance will come into play. Nuisance is generally a tort against property and therefore, no cause of action could be based on nuisance unless the nuisance affects property or the enjoyment of it. Where the nuisance affects the personality of the victim liability could lie in other torts (such as negligence) but not in nuisance. This is simply based on the fact that nuisance is generally a tort against property. Private nuisance which is the focus of this paper, could take the form of physical injury to the plaintiff's property and it could be in the nature of interference with enjoyment of land such as where the plaintiff is subjected to unreasonable noise or smell emanating from the defendant’s neighbouring land. The tort may also be committed where there is interference with the use and enjoyment of the property or some right over or in connection with such right."The word nuisance emanated from the Latin word, nocumentum, which could be any form of annoyance that may cause actual damage.” Historical accounts have conferred upon this word the special and technical meaning and dual character it possesses now. The idea of nuisance defies a precise definition until in the Williams’ case at the end of 16\" Century when it was accepted that if by invasion of a public right, a private individual’s rights had been infringed hence he could maintain an action.’