Debt Assignments and Notice to Debtors

Abstract

An assignment of a debt transfers the rights in the debt from the creditor (assignor) to a third party (assignee). The assignee becomes the creditor of the (assigned) debt. In Bennett v White [1910] 2 KB 643 at 646-647 the court explained that an assigned debt is for all purposes in the same position as if it had been the original debt of the assignee.

There is a dearth of Nigerian judicial authorities on assignment of choses in action. This exiguity was observed in Julius Berger Nigeria Plc v T.R.C.B. Ltd [2010] 9 NWLR (Pt 1198) 80 at 106C-D. This discourse assesses the significance of notice to debtors in debt assignments. It is certainly not an exhaustive thesis on this issue.