Amparo Ruling: Constitutional Court rejected amparo by Pollo Rey

On September 27, 2016, the Constitutional Court of Guatemala denied the amparo filed by Pollo Rey, S.A. against the Civil Chamber of the Supreme Court of Justice. Pollo Rey sought to overturn a ruling that rejected its cassation appeal, which challenged the dismissal of its damages suit against Lisa, S.A. The Supreme Court had found that Pollo Rey’s cassation was poorly drafted and failed to meet formal requirements.

The Constitutional Court confirmed that no constitutional violations had occurred, emphasizing that procedural rigor is essential in cassation and that the dismissal of a claim for defective legal technique does not amount to a denial of justice. The Court also upheld the interpretation that a damages claim for shareholder exclusion can only proceed once the exclusion decision becomes final. Costs were imposed on Pollo Rey, and its lawyer was fined Q1,000.