Nuisance

So, if by law a suit on public nuisance could only be instituted by the Attorney-General in the light of the hypothesis that the injury, if at all, is one to the public at large for which only the Attorney-General can sue, I do not see how that can be described as the civil rights and obligations of the individual for which that person can use.

INTERLAND TRANSPORT LTD. V. ADEDIRAN LGC(3/2/1986) I

On the above findings of the learned Judge the nuisance as found consists of violent disturbing noises, whipping up unbearable volume of dust, damage to roads, telephone poles, water pipes, and big trees, making of big pot-holes on the untarred roads, leaving refuse behind and engine oil in gutters. The lorries also cause vibrations. It was not averred that these affected the respondents in any way over and above the others in the community. Rather the nuisance complained of, if true, was so widespread and extended to all the residents of the Estate, including non-members of the Association. They were, therefore, of the category of public and not private nuisance. The learned Judge was therefore in error to have held that it was private nuisance.

INTERLAND TRANSPORT LTD. V. ADEDIRAN LGC(3/2/1986) G

It cannot be doubted that the respondents and other residents of the Estate will be affected by the nuisance being complained about. They form the public or class of the public in the context of the above definition of public nuisance. It is noteworthy, too, that the same idea of "public" as above referred to permeates the letters of the provision for common nuisance under section 234 of the Criminal Code of Lagos State. And "public" as defined in the Code includes all persons inhabiting or using any particular place or any number of such persons, and such indeterminate persons as may happen to be affected by the conduct called in question.

INTERLAND TRANSPORT LTD. V. ADEDIRAN LGC(3/2/1986) G