Hass Petroleum Chairman Abdinasir Loses Legal Bid to Block KSh 1.2 Billion Upper Hill Property Sale

Hass Petroleum Group Limited Chairman Abdinasir Ali Hassan has suffered a significant legal blow after the Court of Appeal dismissed his petition aimed at halting the sale of a prime KSh 1.2 billion property in Nairobi’s Upper Hill.

The three-judge appellate bench, comprising Justices Wanjiru Karanja, Mumbi Ngugi, and Aggrey Muchelule, dismissed the petition with costs, ruling that it did not meet the required legal threshold.

Court records show that on September 15, 2020, One Upperhill Towers Limited had secured the property in favor of Credit Bank Limited as collateral for financial facilities totaling KSh 1.2 billion extended to Jabavu Village Limited and Hasson Pharmaceuticals Limited.

Despite the loan reportedly being serviced regularly, One Upperhill Towers Limited approached the High Court on January 30, 2025, seeking to stop Credit Bank from auctioning the property through Purple Royal Auctioneers and Garam Investments Auctioneers.

The petition alleged that the sale was malicious, procedurally flawed, and unlawful, claiming the bank had failed to comply with Sections 89, 90, and 96 of the Land Act and violated their right to redeem the property.

The court, however, found clear evidence of default, noting that a charged property securing a loan becomes eligible for sale upon borrower default. The judges therefore allowed the auction to proceed.