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Public Nuisance as compared to Private Nuisance?





Public Nuisance refers an activity or state of affairs affecting health, safety, comfort or property of general public or a section of general Public. Public nuisance is basically a crime. In Tanzania it is punishable under section 170 of the Penal Code as well as Township Rules, Cap 101. However, one may sue in tort, if it is proved that he has suffered more than the other members of the Public.

Private Nuisance refers an activity or state of affairs that interferes with the use or enjoyment of land or rights over land. Private Nuisance is a tort that protects occupies of land from damages to the land, buildings, vegetation or from unreasonable interference with their comfort or inconvenience by excessive noise, dust, fumes, smells etc. etc. 

NB: the main remedies are 

(i) Damages; 

(ii) Injuction.

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