UAE 402, 410/28

This dispute involved claims of noise pollution and nuisance by residents living close to a commercial centre. The judgment was wrong as it had not confirmed the source of its assumptions on the level of the nuisance.

Background

A respondent in appeal No. 402 of 28 against the Appellants in the appeal No. 410 of 28 requesting the Court oblige him to remove air conditioners and refrigerators from a marketing centre and close the rear position for cars and obligate him to create parking on both sides of the road and close the windows on the second floor facing the Plaintiff's house. The Plaintiff explained that the Defendants had set up a commercial centre in front of his home in Umm Al Quwain and placed air conditioning machines and coolers that produced alarming noise, especially as this area was quiet and reserved for family housing. The two defendants also placed garbage cans near the Plaintiff's home and parking for vehicles to park, which caused damage to him and his family due to the noise caused by these machines and unpleasant odours. According to Articles 1136 and 1144 of Federal Law No. 5/1985, the Plaintiff had the right to demand this.