Sinnathuray v. Attiken – sllr 1987 volume 1 page 161

In the case between the plaintiff-appellant co-executor and the defendant-respondent co-executor of an estate, the Supreme Court addressed the enforceability of an agreement for the purchase and conveyance of estate trust property (premises at No. 3, Mile Post Avenue) entered into by the co-executors. It was held that such an agreement is unenforceable, as the legal principle prohibits an executor or trustee from purchasing trust property due to inherent conflicts of interest and breach of fiduciary duty. The ruling reaffirmed the strict application of Section 54 of the Trusts Ordinance, rooted in English law, which absolutely prohibits self-dealing by trustees or executors. The decision emphasized that any agreement by which a trustee or executor attempts to acquire property from the trus