JUDGMENT OF THE COURT
BACKGROUND
[1] This is an appeal from the judgment of the Environment and Land Court (Obaga, J) dismissing a suit filed by Botwa Farm Company Ltd (the appellant herein). The appellant which is a farmers company, claimed to have been allocated a parcel of land known as L.R No. 6109 (the suit land) by The Settlement Fund Trustees (SFT) (the 1st respondent), in 1979. SFT is a trustee established under the Agriculture Act. The purchase price for the suit land was Kshs 2,000,000 of which the appellant paid a deposit of Kshs. 200,000 to SFT after which 169 shareholders/members of the appellant took vacant possession of the suit land. In 1980, the Government, the appellant and SFT agreed to subdivide the suit land to provide for each of the 169 members of the appellant and other portions for public amenities. The demarcation and sub division was carried out with the participation and consent of the appellant and the respondents; after which the shareholder members took po…