INTRODUCTION: Nuisance (from archaic nocence, through fr. Noisance, Nuisance from Latin Nocere ‘’ to hurt’’ is common law tort. It means that which cause offence, annoyance trouble or injures. A nuisance can be either (also common) or private . That means there two type of Nuisance a Private and Public Nuisance. A public Nuisance was defined by English Scholar Sir J.F Stephen as “ an act not warranted by law or an omission to discharge a legal duty which act or omission obstruct or causes inconvenience or damage to the public in the exercise of rights common to all her majesty ’’ subject,” Sir J.F . Stephen , Digest of the Criminal Law, P.120. Private Nuisance is the interference with the rights of specific people. Nuisance is one of the oldest cause of the action known to the common law, with cause framed in nuisance going back almost to the beginning of the recorded case law. Nuisance signified that the ‘the right of quiet enjoyment ‘ is being disrupted to such a degree that a tort is being committed. NUISANCE UNDER COMMON LAW. In the late 19 and early 20th century the law of nuisance become difficult to administer as competing property uses often posed a nuisance to each other, and the cost of litigation to settle the issue grew prohibiting. As such most jurisdiction now have system of land use planning (eg Zoning) that described what activity are acceptable in given location. Zoning general over rule nuisance, for example, if a factor is operating in a neighbor residential zone can’t make claims in nuisance. Jurisdiction without zoning laws essentially leaves land use to be determined by the laws concerning nuisance. Similar, modern environment laws are an adaptation of the doctrine of nuisance to modern complex societies, in that person‘s use of his property may harmful affect another‘s property or person far from nuisance activities and from cause not easily integrated into historic understanding of nuisance law. Under common law, person in possession of real property (land owner, lease holders and so on) are entitled to the quite enjoyment of their land. However this doesn’t include visitor or those who aren’t considered to have an interest in the land. If a neighbor interfere the quite enjoyment, either by created smells sound, pollution or any other hazard that extends past the boundaries of the property, the affected part may a claims in nuisance. A term Nuisance in traditional or common law is used in three ways; (i).to describe an activities or conditional that harmful or annoying to others like indecent conducts, rubbish heaps , or smoking chimney. (ii)to describe the harm caused ,the before mentioned activities or conditional like loud noise or objectionable odors. (iii)to describe the legal liability that arise from combination of two Restatement (second) of Tort 821 A cmt.b (1979) Orginally developed as a private Tort tied to the Land , a nuisance action was general brought when a person interfere with another ‘s “use or enjoyment of Land”. however the ‘interference ‘ was not the result of neighbor stealing land or trespassing on the land. Instead ,it arose from activities taking place to another person’s land that affected the enjoyment of the land William, L. Prosser, Private Action for public Nuisance, 52 Val L. Rev 997, 997(1966). The law of nuisance was created to stop such bothersome activities or conduct when they unreasonable interfered either with right of other private land owners (i.e. private nuisance ) or with the right of general public (i.e. public nuisance) .public nuisance is an unreasonable interference with public’s right to property . It include conduct that interfere with public health , safety , peace or convenience . The unreasonableness may be evidenced by statute or by the nature of the act , including how long and how bad the effect of the activities may be Restatement (second) of Tort p 821 B. . Private Nuisance is simply a violation of one’s use of quite enjoyment of land. It doesn’t include trespass Restatement (second) of Tort p 821D.. To be a nuisance , the level of interference must rise above the merely aesthetic, for example if your neighbor paints theirs house purple , it may offend you; however ,it doesn’t rise to the level of nuisance .In most cases , normally uses of property that constitute quite enjoyment cannot be restrained in nuisance either , example the sound of crying baby may be annoying , but it is an expected part of quite enjoyment of property and does not constitute a Nuisance. Any affected property owner has standing to sue for private NUISANCE . if a Nuisance is widespread enough , but yet has public Nuisance . Owners, lesser or holders of an Easement or other interest have standing only to bring private nuisance suit. APPLICABILITY OF NUISANCE IN TANZANIA. The law of nuisance has been the traditional means used by courts to balance computing interest of land owner to use the land as they see fit against the duty not to use it to injure a neighbor . No one shall be liable in Nuisance unless he /she is either created a nuisance or created the acts of trespass or otherwise without the authority or permission of the occupier , unless he suffers it to continue without taking reasonable prompt and efficient means for it abatement. In other words liability of nuisance upon the defendant shall be either willfully or negligent in regard to it. Industry Nuisance, a manufactures who has polluted a stream or river , might be fined and might also be ordered to pay costs of clean up. Public health Nuisance , such as keeping of diseased animals or malaria pond, or carrying a person with communicable diseases like child with small pox along the highway. Public safety nuisance , include shooting fireworks in the street, storing explosive , practicing medicine without a license or not qualified or harboring vicious animals or presence of unhitched and unattended animals in the street. Public Moral Nuisance, (noxious trade) include house of prostitution (brothel) , illegal liquor establishment gaming house, indecent exhibition(exposures) ; bullfighting , public profanity and unlicensed prized ,fight are example of nuisance that interfere with public moral. Disruption or the public peace nuisance, for instance by loud and disturbing noises or artists performance that threaten to cause a riot or upon interference ,with the public comfort as in the case of bad odors , smoke, dust and vibration. CONCLUSION: At common law, the act or structure may be a public nuisance, also a Private Nuisance as to a person who is thereby caused any injures other than that inflicted upon the general public. As we have seen , the private individual can recover in tort for public nuisance only, if he is suffered harm of a different kind from that suffered by other person exercising the same common right. However ,it is not enough that he has suffered the same kind of harm or interference to a greater extent or degree. In addition to the requirement that the plaintiff have suffered an injury different from that suffered by the public , the plaintiff must have suffered the injury in the exercise of a public or common right. By public right , it means a right that is common to all members of the general public . Therefore , when the nuisance in addition to interference with the public right , also interference with the use and enjoyment of the plaintiff’s land , it is a private nuisance as well as a public one, i.e. mixed nuisance.