13 forgery with no legal consequence and I so find. It therefore cannot be relied upon by this court because it is an illegality which cannot be sanctioned by this court. As regards the power of attorney, first of all by definition it is; “an instrument in writing whereby one person, as principal, appoints another as his agent and confers authority to perform certain specified acts or kinds of act on behalf of a principal…. An instrument authorizing another to act as one‟s agent or attorney…. Such power may be general (full) or special (limited).” Black’s Law Dictionary as quoted in Frederick J.K Zaabwe vs Orient Bank Ltd & 5 Others Supreme Court Civil Appeal No. 4 of 2006. By its very nature, a power of attorney authorises a donee (attorney) who is the agent to act on behalf of the donor who is the principal. Elaborating on this point Karureebe, JSC (now CJ) had this to say in the leading judgment in Frederick J.K Zaabwe (supra): “The point to note here is that the donee of a power of attorney acts as agent of the donor. He cannot use the power of attorney for his own benefit. The Privy Council decision, on an appeal arising from the Supreme Court of Canada, in the case of IMPERIAL BANK OF CANADA –Vs- BEGLEY [1936] 2 All ER 367 is good authority for the principal that where an agent, who has been given a power of attorney to do certain things, uses the power to do something for a proper purpose, but the act done is for the agent‟s own purposes to the exclusion and detriment of the principal, the actions of the agent will be outside the scope of the power of attorney and are not even capable of ratification by the principal.” In the instant case, I have carefully considered the arguments for the parties and as stated hereinabove, the construction of the power of attorney is key in assisting this court to understand its effect. In Bryant, Powis and Bryant Limited v. LA Banque Du Peuple [1893] A.C. 170 at 177, (cited in Gold Trust (U) Ltd (Now DFCU Bank Ltd) vs Josephine Zalwango Nsimbe, Administratrix of the estate of the late Sam Nsimbe (Now deceased) Civil Suit No. 226 of 1992) the Privy Council stated thus; 13