MIHIGO v. AKARERE KA KARONGI

MIHIGO v. AKARERE KA KARONGI

Mihigo Bernard lacked direct and personal interest to sue Akarere ka Karongi for payment because the assignment of debt from CBS was not properly notified or accepted by the debtor, and CBS continued to act as the party with the enforceable right. Therefore, Mihigo Bernard had no standing to bring the claim.

Citation
RS/INJUST/RCOM 00007/2024/SC
Parties
Applicant: Mihigo Bernard; Respondent: Akarere ka Karongi; Third Party: Consutancy Buiding Services Company Ltd (CBS)
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
20 June 2025
Case Number
RS/INJUST/RCOM 00007/2024/SC
Procedural Posture
Commercial / Supreme Court Review on Grounds of Injustice
Outcome
Application dismissed; no grounds for review found.
Legal Topics
Standing to Sue, Assignment of Debt, Direct and Personal Interest, Enforcement of Judgments
Source Language
rw
Civil Procedure Commercial Law Standing to Sue Assignment of Debt Direct and Personal Interest Enforcement of Judgments

Case Brief

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Parties

Mihigo Bernard

Applicant

Akarere ka Karongi

Respondent

Consutancy Buiding Services Company Ltd (CBS)

Third Party

Procedural Posture

Commercial / Supreme Court Review on Grounds of Injustice

Legal Issues

  1. 1 Whether Mihigo Bernard had direct and personal interest (standing) to sue Akarere ka Karongi for payment based on assignment of debt from CBS
  2. 2 Whether the assignment of debt (cession de créance) was effective and opposable to the debtor (Akarere ka Karongi)

Ratio Decidendi

Mihigo Bernard lacked direct and personal interest to sue Akarere ka Karongi for payment because the assignment of debt from CBS was not properly notified or accepted by the debtor, and CBS continued to act as the party with the enforceable right. Therefore, Mihigo Bernard had no standing to bring the claim.

Court Disposition

Application dismissed; no grounds for review found.

Orders

  • The application by Mihigo Bernard for review on grounds of injustice is dismissed.
  • No change to the outcome of RCOMA 00632/2022/HCC as decided by the High Commercial Court.