The High Court in Kuala Lumpur has fixed Nov 18 for decision on former Wanita Umno member Anina Saadudin's application to stay Prime Minister Najib Abdul Razak's bid to strike out her suit on the RM2.6 billion donation Najib admitted receiving.

Judicial Commissioner Mohd Zaki Abdul Wahab fixed the date today after hearing the submissions by Anina's lawyer Hanif Khatri Abdulla and Najib's lawyer Mohd Hafarizam Harun in his chambers.

Anina wants the stay on Najib's striking-out application until her suit against Umno secretary-general Tengku Adnan Tengku Mansor and Umno executive secretary Abdul Rauf Yusoh on her expulsion from the party is decided.

Hanif ( photo ) told reporters that it would save the court's time by awaiting the decision on the application by Tengku Adnan and Abdul Rauf to strike out Anina's suit on her expulsion from the party first, which is fixed for decision on Nov 30 .

“If the application (by Tengku Adnan and Abdul Rauf) to strike out the suit fails, then this (Najib's) application to strike out will also fail.

“If the application by (Tengku Adnan and Abdul Rauf) to strike out there succeeds, then it is not necessary that the application (by Najib) here will also succeed,” Hanif said,

The suit by Anina against the Umno secretary-general and Abdul Rauf is fixed before Judicial Commissioner S Nantha Balan.

Meanwhile, Najib's lawyer, Hafarizam, said there are two different causes of action by Anina and there is no need for a stay on the case before Zaki as the argument is whether the former Langkawi Umno division Wanita member has the locus standi (legal standing) to file the suit.

Hafarizam said the other reason is Anina did not come to court with “clean hands” in filing the stay, as Najib filed a stay (of the mareva injunction) and the striking out first, before she decided to file the stay.

It would be interesting to see if Zaki will allow Anina's stay application, as on Oct 1 , the same judge allowed Najib's application for a stay of Anina's mareva injunction application and her bid for judgment on Najib’s admission to receiving a RM2.6 billion donation.

Anina filed the suit last month for Najib, who is Umno president, to return the balance of the RM2.6 billion donation which he received in his personal bank accounts, to the party coffers.

In filing the suit last month, she named Najib and party executive secretary Abdul Rauf Yusoh as defendants. Anina also filed an application for mareva injunction to freeze Najib's assets until the disposal of her suit.