JUDGMENT OF THE COURT
In this first appeal the dispute between the parties concerns the boundary between two parcels of land, both of them agricultural, situated in Naitiri Settlement Scheme in Bungoma District of Western Province. These are Bungoma/Naitiri/79, which was allotted to one Joanes Khisa in or about March 1965, and Bungoma/Naitiri/83, which, like the one above, was also allotted in 1965, but to one Peter Wasike. At the hearing of the suit it was common ground that both parcels of land were allotted by the Settlement Fund Trustee (SFT), which is a body corporate created under the Agriculture Act Cap 318 of the Laws of Kenya, with power to: “.....................sue and, be sued, and, for and in connexion with the purposes of this part, may purchase, hold, manage and dispose of moveable and immovable property, and may enter into such contracts as it may deem necessary or expedient” (see section 167 of the Agriculture Act) In the letters allotting the foregoing two parcels of …