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WJ BLAKEMAN LTD v. ASSOCIATED HOTEL MANAGEMENT SERVICES LTD

(1985) JELR 94889 (CA)

Court of Appeal  •  civ app 45 of 84  •  8 May 1985  •  Kenya

Coram
James Onyiego Nyarangi, Harold Grant Platt, Chunilal Bhagwandas Madan

Judgement

REPUBLIC OF KENYA

Blakeman v. Associated Hotel Management Services Ltd

Court of Appeal, at Nairobi May 8, 1985

Madan, Nyarangi JJA and Platt Ag JA

Civil Appeal No 45 of 1984

(Appeal from the High Court at Mombasa, Bhandari J, Civil Case No 405 of 1980)

May 8, 1985, Madan JA delivered the following Judgment.

‘Possession’ is a teasing topic whenever it arises. It does not hold one straight-forward meaning, it has various meaning different in different situations so that the ownership of property cannot be affixed with unencumbered ease.

’Possession’ is a word that, perhaps like a great many words, is incapable of an entirely precise and satisfactory definition, Stable, J in Bank View Mill Ltd And Others v. Nelson Corporation and Feyer and Co (Nelson), Ltd. [1942] 2 All E R 476 at page 486 (E and F). The term ‘possession’ is always giving rise to trouble. Viscount Jowilt said in United States of America and Republic of France v. Dolfus Mieg et Compagnie, S A and Bank of England [1952] “The perso…

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