Asantewaa lives in a quiet residential area. Next door, Kwickbuild Ltd, is carrying out extensive building works to a dilapidated old house. The builders who are working from dawn to dusk, seven (7) days a week, used a crane which passes over Asantewaa’s house. Asantewaa and her family are annoyed by the dust, dirt, and noise caused by the building works.

Required:

a) Identify the types of tort of nuisance.
(4 marks)

b) What TWO (2) conditions must be present for a conduct to constitute nuisance?
(6 marks)

c) Advise Asantewaa as to her legal position.
(6 marks)

d) State TWO (2) legal remedies available to her.
(4 marks)

Answer:

a) Types of Tort of Nuisance:

• Public Nuisance: Public nuisance is an act or omission that causes discomfort or inconvenience to a class of people. It is generally considered a crime. However, individuals who are particularly affected by the nuisance may bring an action in court.
• Private Nuisance: Private nuisance consists of an unreasonable interference with a person’s use or enjoyment of their land. This could involve physical damage or interference causing loss of enjoyment or discomfort.

(4 marks)

b) Conditions for Conduct to Constitute Nuisance:

• Indirect Interference: The act must involve indirect interference with the use or enjoyment of land. Examples include smoke, smells, noise, or other disruptions that affect the enjoyment of the property.
• Unreasonable Conduct: The interference must be unreasonable, causing either physical damage to the land or significant discomfort or loss of enjoyment to the property owner. The act must go beyond what is considered normal use of property.

(6 marks)

c) Legal Position of Asantewaa:

• The case of Asantewaa is one of private nuisance, and she has a cause of action against Kwickbuild Ltd. The continuous dust, dirt, and noise from dawn to dusk, seven days a week, constitute an unreasonable interference with the use and enjoyment of her property.
• The interference is significant and persistent, making it unreasonable for Asantewaa and her family to endure such conditions without relief.

(6 marks)

d) Legal Remedies Available:

• Compensation: Asantewaa can sue Kwickbuild Ltd for compensation due to the nuisance caused by the building works.
• Injunction: Asantewaa can seek an injunction from the court to prevent the continuation of the nuisance.

(4 marks)