ZODIAK ONLINE
Sect. 5, P/Bag 312
Lilongwe, Malawi
The High Court of Malawi has awarded the National Council for Higher Education (NCHE) MK19.805 million in assessed legal costs following the dismissal of a case brought against it by Blantyre International University (BIU).
Assistant Registrar Benjamin Chulu made the assessment on August 26, 2026, after considering objections raised by BIU to a bill of costs amounting to MK24.125 million submitted by NCHE.
The dispute arose from a civil case filed by BIU against NCHE in March 2022. BIU had sought damages for alleged loss of business, inconvenience and legal costs following the de-accreditation of the institution.
However, the court dismissed BIU's case on September 5, 2025, and awarded costs to NCHE.
NCHE subsequently filed a bill of costs, seeking MK24.125 million. BIU objected to several items in the bill, arguing that the hours claimed for legal work, preparation of documents, reading authorities and preparing the bill were excessive. The university also challenged NCHE's claim of MK4 million in disbursements.
In assessing the costs, the court reduced several items claimed by NCHE.
The court found that eight hours, instead of the 10 claimed, was reasonable for taking instructions. It also reduced the time claimed for preparing and reviewing documents and for reading legal authorities.
The court further reduced the claimed disbursements from MK4 million to MK3 million, noting that NCHE had not provided sufficient proof for the full amount claimed but acknowledging that expenses had been incurred.
The time claimed for preparing the bill of costs was also reduced from 10 hours to six hours.
In his assessment, Chulu said the original bill of MK24,125,100 was exaggerated in relation to costs reasonably incurred during the proceedings.
NCHE was ultimately awarded MK17 million in party-and-party costs and MK2.805 million in Value Added Tax, bringing the total amount payable to MK19.805 million.
BIU has been ordered to pay the amount within 14 days.
NCHE officially restored the institutional accreditation for BIU in 2020 after the university fulfilled different requirements, including having its own premises and buildings.