By Pemphero Malimba:
The High Court in Lilongwe has ordered Blantyre International University (BIU) to pay K19.8 million in legal costs to the National Council for Higher Education (Nche), instead of the K24 million it had sought.
The order follows the dismissal of BIU’s claim for damages over alleged loss of business arising from its de-accreditation, inconvenience and costs of the action.
Following the dismissal with costs, Nche asked the court to award it K24,125,100 in legal costs.
However, in an order on assessment of costs, High Court Lilongwe Civil Division Assistant Registrar Benjamin Chulu ruled that the amount claimed was exaggerated in relation to the costs reasonably incurred.
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“In view of the discussion above, the receiving party is awarded as follows: K17,000,000.00 being actual assessed party and party costs and K2,805,000.00 being Value Added Tax. In total, the Paying Party shall pay K19,805,000.00 within 14 days from today,” the order dated August 26, 2026 states.
Chulu said Nche had failed to provide evidence supporting a 10-hour billing claim for instructions.
“At the same time, the court is of the view that five hours is on the lower side and that eight hours is reasonable time spent in the circumstances,” he ruled.
Chulu said fee-earning parties must support claims in their Bills of Costs with sufficient evidence, citing the State v Inspector General of Police & Others ex-parte M.M and 18 Others, Judicial Review Cause No. 7 of 2020, commonly known as the Msundwe Review of Costs Case.
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Chulu also found that Nche had not provided sufficient proof for some disbursement claims.
BIU commenced the case on March 21, 2022 and the trial concluded on March 24, 2025.
On September 5, 2025, the court dismissed BIU’s claim with costs.
On April 15, 2026, Nche applied to file its Bill of Costs out of time. The court granted the application the following day, leading to the current assessment proceedings.
The Attorney General’s Chambers represented Nche.
