Hass Petroleum Group Chairman Abdinasir Ali Hassan Faces Setback as Court Upholds Property Auction

Abdinasir Ali Hassan

Hass Petroleum Group Limited Chairman

Hass Petroleum Group Limited Chairman Abdinasir Ali Hassan has suffered a major legal setback after the Court of Appeal dismissed his petition seeking to block the sale of a prime KSh 1.2 billion property in Nairobi’s Upper Hill area.

In a ruling delivered by a three-judge appellate bench led by Justices Wanjiru Karanja, Mumbi Ngugi and Aggrey Muchelule, the court dismissed the petition with costs, stating that it failed to meet the required legal threshold.

According to court documents dated September 15, 2020, One Upperhill Towers Limited secured the suit property in favour of Credit Bank Limited as collateral for financial facilities amounting to KSh 1.2 billion advanced to Jabavu Village Limited and Hasson Pharmaceuticals Limited.

However, on January 30, 2025, One Upperhill Towers Limited moved to the High Court, protesting plans by Credit Bank Limited to auction the property through Purple Royal Auctioneers and Garam Investments Auctioneers, despite claims that the loan was being serviced regularly.

The applicant argued that the intended sale was malicious, unprocedural and unlawful, citing alleged failure by the bank to comply with mandatory provisions of Sections 89, 90, and 96 of the Land Act. They further claimed that their right to redeem the property had been violated.

In its determination, the court held that there was clear evidence of default, noting that once a charged property is used to secure a loan and the borrower defaults, it automatically becomes a commodity for sale. The judges therefore cleared the way for the auction to proceed.