MOUNT KENYA UNIVERSITY

INTRODUCTION TO LAW OF TORTS

LECTURER: MR DENNING OKATO

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 ACKNOWELDGEMENT.
We, as members of Group 3 Diploma in Law Group A, would like to acknowledge the Almighty
God for his grace and providence throughout the semester. All praise to him. We, without doubt
cannot forget to thank our very able and wise lecturer and mentor in this journey, Mr Denning
Okato. Through him we keep on gaining more academic knowledge as he also continues to fill
us with abundant life skills. May the good God provide and bless him in all he desires to pursue.

KUKIRI
Sisi wanafunzi wa kundi la tatu darasa ya diploma ya sheria, tunatambua uwezo na baraka za
Mwenyezi Mungu Jaalali mwenye baraka na neema zote. Ni kwa baraka hizo tumeweza kufanya
utafiti wetu na kuitayarisha hapa tukiwa na afya njema. Shukrani zote zimwendee yeye.
Hatuwezi kosa kutambua mchango na mwalimu wetu wa somo hili Bwana Denning Okato. Ni
kwa kupita wosia wake tunavyoweza kufanya yote tunayoyafanya. Rabuka amjalie neema na
baraka kwa yote ayafanyayo na yote anayokisia kufanya. Asante sana kwake.

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 TABLE OF CONTENTS
INTRODUCTION……………………4
TYPES OF NUISANCE……………...5
PUBLIC NUISANCE………………6
PRIVATE NUISANCE………………7
RELIEFS/REMEDIES TO TORT OF NUISANCE…….8
DEFENSES TO TORT OF NUISANCE……………….9
BIBLIOGRAPHY………………………………………..10
CONCLUSION……………………………………….11

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INTRODUCTION
Nuisance is the lawful interference with a person’s use or enjoyment of land or some other rights
over or in connection with land. It encompasses acts that disrupt comfort ,health or safety related
to property.
It entails the doing or an unjustifiable thing which interferes with the use or enjoyment of
another’s land.
This tort protects a person’s enjoyment of land or rights vested in the land

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 TYPES OF NUISANCE

Nuisance is broadly is broadly divided into two torts in law which include : -public nuisance
-private nuisance

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 PUBLIC NUISANCE
Public nuisance is an act that interferes with the enjoyment of a right of members or a society in
general for example right of fresh air, noise free environment, use of public highway, waterway
etc.
This nuisance is a criminal offense actionable by the state on behalf of the public.
An individual can sue for public nuisance is only he/she has prove that he has suffered a
particular loss or damage over and above what other members of the public have suffered.
Such injury caused must be direct and not mere consequential injury.
Public nuisance is therefore a tort as well as a crime.This suits are dealt with by or in the name of
the state.

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 PRIVATE NUISANCE
Private nuisance is the unlawful interference with a person’s use of land or right connected to
land by another person.
It affects a person in his individual capacity and hence a personal action for redress is necessary.
It may take the form of noise, heat, noise, smoke vibration, overhanging branches, playing loud
music etc
Private nuisance is not actionable if the defendant is reasonable in the legitimate use of property.

ESSENTIALS OF PRIVATE NUISANCE:

1)The interference must be substantial and unreasonable
The interference should be substantial meaning that it significantly affects the plaintiffs use or
the enjoyment of the property
The interference should be unreasonable which depend on the following factors:
a)nature of locality
b)duration and intensity of interference
c)sensitivity of the plaintiff
d)the social utility of the defendants conduct

2)The plaintiff must have a legal interest in the affected property

The plaintiff must own, lease, or have some other recognized right to use the property.
The legal interest ensures the plaintiff has a legitimate claim to seek redress for the interference.

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 RELIEFS/REMEDIES OF TORT OF NUISANCE
1)DAMAGES
The tort of nuisance is not actionable per-se.
The plaintiff must prove loss or damage unless the same can be presumed.
The plaintiff can seek compensation for the harm suffered due to the interference.

2)INJUNCTION
The plaintiff may apply for an order to restrain the defendant from continuing with the tortious
acts and the court may grant the order if the circumstances so demand.

3)ABATEMENT
The plaintiff may take reasonable steps to remove the nuisance e,g trimming encroaching
branches.

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 DEFENSES ON TYPES OF NUISANCE
1)PRESCRIPTION
If the nuisance has existed for a long period of time of 20 years or more without objection, it may
become lawful.

2)STATUTORY AUTHORITY
This is the offending act that has been enabled by an Act of Parliament .

3)PLAINTIFF’S CONSENT
This is the defense of volenti non fit injuria i.e. the plaintiff willingly consented to the nuisance
with full knowledge of its character.

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BIBLIOGRAPHY
1) The law of nuisance by John J. Murphy
2) The law of private nuisance by Allan Beever

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 CONCLUSION
In conclusion, the concept of nuisance within tort law is multifaceted. It encompasses both
private and public interference with property rights. Nuisance seeks to strike balance between
individual property rights and the broader interest of the society.

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 ANTHONY MWANZO DLAW/2023/60273
THUO MBAIRE DLAW/2023/60661
JENNA MUTUKU DLAW/2023/60835
DAVID FONDO DLAW/2023/60037
JOSHUA GACHOKA DLAW/2023/61165
JULIAN WANGECHI DLAW/2023/61050
LEIRR VIVIAN DLAW/2023/59595
HADIJA ABDALLAH DLAW/2023/60498
FLAVIAN AKOTH DLAW/2023/60516
LIZ AUTA DLAW/2023/59411

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