by Tinuke Alabi

We all have those pesky neighbors that sometimes make things quite inconvenient for us. It may be from their loud pets or extremely loud generators. It could even be their cars that are continually parked too close to our gate. Maybe it’s loud worship services, smelly waste or excessive smoke. Perhaps, they drew an electric cable right over your roof. What is the legal position when the actions or omissions of your neighbour constitute a nuisance to you? Can you find a ground or remedy at law? This week, we’ll look at the ever-green case of Abiola v. Ijoma (1970) 2 All N.L.R. 286.


The plaintiff, Chief MKO Abiola, lived with his family at No. 7 Shofidiya Close, Surulere, Lagos. Mr. Felix Ijoma owned and occupied the adjoining property at No. 8 Shofidiya Close. All the houses in that area were zoned for residential purposes only.

Even though Mr. Ijoma was a Pharmacist, he decided to start keeping a poultry in his compound as a pastime. For this purpose, he purchased 400 day-old chickens and kept them in pens erected on the boundary wall that separated his own building from that of Chief Abiola. The boundary wall was about 5ft to 6ft high. Chief Abiola complained to Mr. Ijoma that his comfort was being disturbed as a result of the nuisance created by the poultry. Despite his complaint, Mr. Ijoma took no action.

Chief Abiola then sued Mr. Ijoma at the High Court. He claimed that the excessive noise made by the chickens in the early hours of the morning prevented him from having a good sleep. He also claimed that the odious smell emanating from the chicken pens as a result of the excreta or droppings from the poultry was unbearable to him. He claimed that an unusual population of rats, flies and fleas kept escaping from the poultry into the house and disturbing his comfort and impairing his health. He claimed that he had lost business deals because some of his business associates had to stop visiting him because of the nauseating smells. A Medical Officer of the Lagos City Council also testified that he had visited Mr. Ijoma’s poultry and noticed dead fowls.

Chief Abiola asked the court to grant him general damages for the nuisance, special damages for medical bills and loss of business and an injunction restraining Mr. Ijoma from continuing his act of nuisance.

Mr. Ijoma argued that some other inhabitants in the neighborhood also kept a poultry in their respective premises. He also claimed that the noise of the chickens was not excessive, and they only made noise when they were hungry or being fed. He admitted that even though his laborers only cleaned once a week, the poultry was always tidy. He maintained that Chief Abiola was being unduly sensitive.

We’ll find out the decision of the court and the legal position on nuisance next week.

http://homesoflife..com/2013/11/is-your-neighbour-nuisance-to-you-part.html

waiting...............................................................................................................................................

Part 2 coming soon...

I am tired of checking on dis page with no update. Adieus