LEGAL PRINCIPLE: TORT LAW – Public Nuisance – Private Action Requires Proof of Particular Damage
PRINCIPLE STATEMENT
An obstruction of a public highway is a public nuisance. A private individual has a right of action only if he can prove particular damage beyond that suffered by the general public, and that the damage was direct and substantial.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Daudu v. Nigerian National Petroleum Corporation (1998) NLC-2201994(SC) at p. 8; Paras A–C.
"An obstruction of a public highway or hindering the free passage of the public along the highway is a public nuisance and a private individual has a right of action if he can prove that he has sustained particular damage other than and beyond the general inconvenience and injury suffered by the public and that the particular damage which he sustained was direct and substantial."
EXPLANATION / SCOPE
Public nuisance affects the public generally. A private individual cannot sue unless he shows special damage. The damage must be particular, direct, and substantial. The principle distinguishes public from private nuisance. The rule prevents multiplicity of actions. The plaintiff must prove injury beyond that of the general public. The damage must be a direct consequence of the nuisance. The court will dismiss claims without proof of particular damage. The principle is well-established in tort law. The plaintiff must also prove the defendant’s act.