- 8 Marks
BCL – Mar 2024 – L1 – Q2a – Tort
Analyze whether Atta Mante and the other residents will succeed in a court action against the Adiso District Council for nuisance.
Question
The Adiso District Council has been dumping garbage in a quarry close to a residential area at Abobo, where Atta Mante resides, and that Atta Mante alleged that the dumping of the refuse has often caused offensive and pestilential smell from vapours in the area, and that the stench emanating from the refuse had seriously interfered with their comfort and well-being. The Council denied having caused any discomfort to Atta Mante and the other residents and contended that the act complained of by Atta Mante and other residents, were conferred on the Council by law.
Required:
Explain whether Atta Mante and the other residents will succeed in any court action against Adiso District Council. (8 marks)
Find Related Questions by Tags, levels, etc.
- Tags: Environmental Law, Legal Action, Nuisance, Private Nuisance, Public Nuisance, Tort Law
- Level: Level 1
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