Datuk Seri Najib Razak has the right to sue former MCA president Tun Dr Ling Liong Sik, the High Court here was told Thursday.

Counsel Datuk Mohd Hafarizam Harun, representing the Prime Minister, said this was because his client had filed the suit against Dr Ling in his personal capacity, and not in the capacity of the PM.

"If the plaintiff (Najib) filed the suit in his official capacity (as prime minister), he will be represented by the Attorney-General and not me," the counsel told reporters after making his submissions before Judge Datuk Nor Bee Ariffin in chambers, in the presence of lawyer Ranjit Singh representing Dr Ling.

The court set yesterday to hear Dr Ling's application to strike out the defamation suit filed by Najib against him for allegedly issuing a defamatory statement against Najib, which was published in a news portal on Oct 3 last year.

Meanwhile, Ranjit said he submitted that Najib did not have the right to sue Dr Ling on grounds that the suit was filed in his capacity as the prime minister and not in his personal capacity.

"The plaintiff (Najib) lacks the requisite locus standi to institute proceedings for alleged defamatory statements which relate to the plaintiff in his official capacity as the prime minister," Ranjit said, adding that Dr Ling had applied to quash Najib's suit on grounds that it was an abuse of the court process.

Ranjit said the court set to decide on the case in November, but no specific date was given.

Najib filed the suit against Dr Ling on Oct 27 last year, seeking among others, an order for Dr Ling to issue a written apology to be published in newspapers or magazines to be identified by Najib.

Najib also sought an injunction to restrain Dr Ling, or his staff or agents, from further speaking or publishing any defamatory article against him.

READ: 'I have the right to defend my dignity' - Najib

He also sought general, special, aggravated and exemplary damages, costs and other relief deemed fit by the court.

Najib said Ling had falsely and maliciously made slanderous statements against him while attending a ceremony at a university college here that were published in a news portal on Oct 3.

He said the words published in the article were understood to mean that he had misappropriated public funds into his personal account, that he had misused the funds belonging to a government investment company, 1MDB, for his personal interest, and he had misused the funds to gain wealth and profits for his personal gain and interests. -- Bernama