Case Notes

In 1980 the Appellant bought a small fruit farm in St. Catherine. In September 1989 she borrowed $50,000.00 from the Respondent Bank and executed a mortgage instrument in favour of the Bank over the said fruit farm. In October 1989 the Appellant paid a monthly installment under the said mortgage but paid no more installments thereafter. In a letter dated February 14^th, 1990 the Bank informed the Appellant that she was in arrears with her payments and that unless she paid within 10 days the Bank would exercise its power of sale.

The Respondent, Constance Mitcham, an attorney at law, in or about 1980 or 1981 was appointed as legal adviser to the Development Bank of St. Kitts & Nevis. In or about 1982 she was also appointed as legal adviser to the National Bank of Saint Kitts & Nevis and the Respondent continued as legal adviser to both Banks until 1995. Both the Development Bank and the National Bank of Saint Kitts & Nevis where wholly owned and/or controlled by the Government of the Federation of Saint Kitts & Nevis.