CPC Section 91 — Public nuisances and other wrongful acts affecting the public

Civil

Summary

If a public nuisance or other wrongful act harms or could harm the general public, a lawsuit asking for a court order (like a declaration or injunction) or other suitable relief can be filed. This lawsuit can be brought either by the Advocate-General, or by two or more people if they first get the court’s permission—even if those individuals did not suffer any special or personal harm from the nuisance or act. This section does not restrict any other legal right to sue that may already exist separately.

Official Text

1 ,

(1) In the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted,

(a) by the Advocate-General, or

(b) with the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act.

(2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions.