MRS PATRICIA BANNERMAN AND DR. ELIZABETH MASOPEH vs. INTERNATIONAL CENTRAL GOSPEL CHURCH, CROSS ROAD COMMUNITY CHURCH MINISTRIES AND THE MUNICIPAL CHIEF EXECUTIVE.

The plaintiffs, homeowners in Haatso, complained that the 1st and 2nd defendants, both churches operating from adjoining or nearby premises in what had been treated as a first-class residential area, created excessive noise through singing, clapping, drumming, loud prayers, electronic instruments and loudspeakers, especially on weekends and at night. They also alleged parking obstruction, littering, security concerns from overlooking construction works, and failure by the 3rd defendant, the Municipal Chief Executive, to enforce planning and environmental controls. The 1st defendant admitted prior complaints and steps taken to reduce the nuisance, including soundproofing and acquisition of a car park, but denied liability and relied on permits later obtained. The 2nd defendant denied causing nuisance and maintained that its worship activities were controlled. The court found that the plaintiffs had established actionable nuisance, particularly against the churches, and that the 3rd defendant had acted capriciously in rezoning and permitting use without due regard to residents’ rights.