This problem is based on the tort of nuisance. The vibrations occasioned by
Namweya's mill amount to public nuisance and the neighbours are supposed to
instigate the arrest of Namweya for prosecution for public nuisance which is a crime.
In the second case since Nabayi has suffered particular injury, as a result of the public
nuisance, she has an action in damages against Namweya.
In Sturges V. Bringman (1879) the plaintiff a doctor built a new consulting room next
to defendant's premises, where he used a pestle and mortar for some 20 years.
Noise and vibration interfered with the plaintiff's practice and he sued the
defendant. It was held that the defendant was liable. It was no defence that the
plaintiff himself came to the place of nuisance.
maurice.mutuku answered the question on April 27, 2018 at 06:41
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