THE REMEDIES AVAILABLE FOR NUISANCE

[Olajire Deborah]

THE REMEDIES AVAILABLE FOR NUISANCE

1. General Damages – This is usually the cost awarded the victim who is able to show that the conduct of the defendant constituted nuisance against him and that he suffered from such nuisance. The victim here is at liberty to ask for as much as he desires while the court is equally at liberty to award any amount it thinks will be reasonable to compensate him. The actual amount to be awarded here is dependent on the degree of injury suffered by the victim as a result of the nuisance.

2. Special Damages – This type of award is called special because the victim is required to provide specific evidence of the injury suffered by the nuisance. Let us take our example of the building that became weak and had to be pulled down as a result of vibrations caused by XYZ construction company beside it. The victim here is entitled to ask for special damage for the actual market value of the property that was demolished. He is entitled to ask for the refund of the amount he spent in demolishing the property as well as any expenses he incurred because of the nuisance. But the only way he can get this award is for him to provide documentary and other solid evidence of the actual amount being asked for. He must specifically back his claim up with receipts, invoices, and other acknowledgements of expenditure before his claim under special damages can be sustained.

3. Aggravated Damages: This is the damage awarded a victim who claims that his injury was aggravated by the manner in which the nuisance occurred. In the example of the school proprietor and the music store, the victim may ask for aggravated damage because his injury was aggravated by the malice or arrogance by which the defendant carried out the nuisance.

4. Injunction: A victim of continuous nuisance is entitled to ask the court for an order of injunction to stop the defendant from the repetition of the wrong. The injunction may be permanent or temporary, depending upon the circumstances of each case.

5. Removal: A victim of nuisance is also entitled to ask the court to compel the defendant to remove the nuisance. For instance, where Mr. A unlawfully blocks the access route to Mr. B’s house with a fence, the victim may ask the court for an order to compel Mr. A to remove the fence.
Please note that the victim is entitled to combine any or all of the above prayers in his suit before the court, depending upon the circumstances of his case. This means that a victim may ask for special, aggravated, and general damages against the defendant as well as an order compelling him to remove the nuisance and also restraining him from further nuisance.

[Author]

Posts