Original language

French

Country
Senegal
Date of text
Status
Unknown
Type of court
National - higher court
Sources
Court name
Cour d’appel de Dakar
Seat of court
Dakar
Reference number
N° 255/2015
Tagging
Evidence, Inspections, Administrative
Free tags
Air & atmosphere
Justice(s)
Moustapha, El Hadji Alla Kane, Adama Traore
Abstract

In this case, the plaintiff asked the court to order the noise pollution created by the call to prayer from the neighbouring mosque. The plaintiff argued that he tried to find a compromise with the managers of the mosque but that it did not succeed and that the noise produced by the call to prayers through the loudspeaker was a nuisance for the inhabitant of the neighbourhood and was against Article 84 of the Environmental Code which forbid broadcasting noise which could have an impact on human health or on the environment.

The court accepted the case and acknowledge that the call to prayer could result in noise pollution but did not considered that the evidence of the noise pollution was established because no assessment of the decibel volume of the noise had taken place. As a result, the court did not condemn the defendants. 

(Contribution:  Mohamed DIEDHIOU, Cheikh Anta Diop University of Dakar )