TYPES OF NUISANCE

[Olajire Deborah]

Nuisance is anything that annoys or disturbs the free use of one’s property or that renders its ordinary use or physical occupation uncomfortable

TYPES OF NUISANCE
There are two types of nuisance:
1. public nuisance
2. private nuisance.

1. PUBLIC NUISANCE
In order to constitute a public nuisance, it is not necessary that it affects the whole community. Therefore, a public nuisance involves an unreasonable interference with a right common to the general public[xiv]. It is to be noted that a public nuisance can constitute either a crime or may be the subject of a civil action by public officials or private individuals.

1. PRIVATE NUISANCE.
Whereas, a private nuisance is a nuisance that affects an individual or a definite number of persons in the enjoyment of some private right which is not common to the general public[xv]. It is to be noted that the origin of private nuisance liability is purely tortious in character and the tort is developed to protect the use and enjoyment of land against non-trespass interference.

Night Vigils In Residential Apartments
This is another sour point that has caused so much misunderstanding amongst occupants of premises.
A typical situation is when Mr. A, alone or with others, decides to engage in night vigils in his apartment, normally from 12 midnight till daybreak. These vigils are usually accompanied with loud prayers, shouting, singing and atimes beating of drums and tambourines. In some instances too, the worshippers engage in dancing, clapping and jumping which sends vibrations through the building, especially where it is a storey building. In most, if not all cases, these night vigils prevent others from enjoying a sound sleep.

Truly, the Nigerian Constitution guarantees every citizen the fundamental right of freedom of religion, and gives every citizen the right to practice his or her religion in any way she chooses. (Please read my other book, “Know Your Fundamental Human Rights Under Nigerian Constitution” for a detailed discussion on all your fundamental rights). But to every right is attached an obligation! You are under a legal obligation not to infringe on the rights of others in the exercise of yours. Note that under the law, the other man’s rights begin where yours end.

So, it is wrongful for you to disturb another man’s sleep in the name of exercising your right to freedom of worship. Your neighbor is entitled to a sound sleep just as you are entitled to practice your religion. It is, therefore, clearly nuisance where you engage in such practices to the discomfort and complaints of your neighbor. He is entitled to sue you for nuisance and obtain an injunction from the court to stop you from such further noisy prayer sessions.

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