Court Orders BIU to Pay NCHE K19m

The High Court’s Civil Division in Lilongwe has ordered Blantyre International University (BIU) to pay the National Council for Higher Education (NCHE) K19.805 million in legal costs following the dismissal of BIU’s claim against the higher education regulator.

BIU commenced proceedings in 2022, seeking damages for loss of business arising from its de-accreditation, compensation for inconvenience, and recovery of litigation costs. The trial concluded on March 24, 2025. On September 5, 2025, the Court dismissed BIU’s claim and awarded costs to NCHE, represented by the Attorney General's (AG) Chambers.

Subsequently, NCHE filed a Bill of Costs amounting to K24.125 million. BIU objected, arguing that the amounts claimed for legal work, including time spent taking instructions, preparing and perusing documents, researching authorities, and preparing the Bill of Costs, were excessive. BIU also challenged the K4 million claimed for disbursements.

In an Order on Assessment of Costs dated 26 August 2026, the Court's Assistant Registrar Benjamin Chulu found several claims excessive and reduced them accordingly. 

The Court assessed eight hours as reasonable for taking instructions (down from 12 claimed), 10 hours for preparing documents (down from 20) eight hours for perusing documents (down from 15) 60 hours for researching authorities (down from 100), and six hours for preparing the Bill of Costs (down from 10). The disbursements claim was also reduced from K4 million to K3 million.

The Court, therefore, awarded NCHE K17 million in assessed party-and-party costs, plus K2.805 million in Value Added Tax (VAT), bringing the total payable by BIU to K19.805 million.

BIU has been ordered to settle the amount within 14 days of the assessment order.

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