Order: Court dismissed damages claim by Las Margaritas

Issued on:January 21, 2022
Issued by:Eighth Civil Court
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Overview

On January 21, 2022, the Eighth Civil Court of First Instance dismissed the damages lawsuit filed by Avícola Las Margaritas, S.A. against Lisa, S.A. The plaintiff alleged that Lisa’s actions—including public statements and litigation—had damaged its reputation and finances. However, the court upheld a peremptory objection, finding the claim procedurally premature.

Under Article 228 of the Guatemalan Commercial Code, a damages suit related to shareholder exclusion may only proceed once the exclusion becomes final. Since Lisa’s exclusion was still being contested, the court determined that the required legal preconditions were not met. The lawsuit was dismissed in its entirety, and Las Margaritas was ordered to pay legal costs.