JUDGMENT OF THE COURT
This appeal arises from circumstances that are unusual but not exceptional. The parties are still husband and wife since December 1987. They have children who are all adults. They have real and moveable properties. As fate would have it however, they are not on talking terms anymore and do not live together. They have joined battle on the properties acquired during the marriage, but none of them seems to be interested in going to court for dissolution of the marriage. Instead, they entered into an agreement on 4th August, 2007 which, on the face of it, allowed the wife to collect half the rent accruing from two of their properties: L. R. No. Tetu/Unjiru/1657 (plot 1657) and Plot No 393 Block I, near Green Hills Hotel, Nyeri, on which ten residential units were developed for renting.
The agreement appears to have worked for about eight years. But the wife says it was breached in December 2015 by the husband who stopped the two tenants in plot 1657 from paying the re…