Arlis Appuhamy v. Kahavidane – sllr 1983 volume 2 page 493

In the case between ARLIS APPUHAMY (plaintiff) and KAHAVIDANE (defendant), the court addressed the issue of whether the operation and construction of a bakery by the defendant constituted a nuisance that would warrant the issuance of a quia timet injunction and declaratory relief. It was held that the plaintiff’s well‑founded apprehension of future nuisance—demonstrated by injuries to health and interference with property enjoyment caused by smoke, noise, and odors—justified judicial intervention. The principle reaffirmed is that statutory approvals and licences from local authorities do not provide a defence to liability for private nuisance. The decision drew on existing statutes and case law concerning anticipatory nuisance and the impotence of administrative approval as a shield, empha