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Giving examples, outline the circumstances when a private individual may sue on his own behalf for public nuisance.

Giving examples, outline the circumstances when a private individual may sue
on his own behalf for public nuisance.

Answers

Maurice
An individual may sustain civil proceedings for public nuisance by establishing that he has
suffered particular loss than the community and is entitled to damages or other relief for
example where a Local Authority closes a public motor way cutting of the flow of customers to
the plaintiffs shop and there is no alternative access.
Such a person must prove that the damage suffered by him is direct and substantial. In Campbess
V. Paddington Council (1911) the defendants erected a stand across a certain highway to enable
the members of the council to view the funeral procession of King Edward VII. The erection of
the stand obstructed the views from the plaintiffs window. It was held that the plaintiff has
suffered some special loss and was entitled to recover damages.

A similar holding was made in Soltan V. De Held (1851)
maurice.mutuku answered the question on April 27, 2018 at 06:32

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