Amparo Ruling: Upholds Lisa’s revocation; Cerro Colorado’s appeal rejected

On September 20, 2022, the Constitutional Court of Guatemala resolved appeal No. 4932-2021, filed by Cerro Colorado, S.A. against the Fifth Civil Court Judge. The case arose after Lisa, S.A. successfully filed a revocation against the admission of Cerro Colorado’s dividend-prescription lawsuit under the ordinary track. The trial judge accepted Lisa’s revocation and rejected the claim, reasoning that disputes over dividend payments between mercantile companies must be processed through the summary procedure under Article 1039 of the Commercial Code, and consistent with Cerro Colorado’s own corporate charter.

On that date, the Constitutional Court upheld the lower amparo court’s decision, finding no violation of Cerro Colorado’s constitutional rights. The Court confirmed that Lisa’s defense was properly grounded in commercial law, and that attempting to litigate the case in the ordinary track was procedurally improper. This ruling represents another reinforcement of Lisa’s shareholder rights, ensuring that dividend-related disputes are handled under the specialized summary procedure and not through inappropriate litigation routes.