Order: Court suspended damages claim by Sistemas y Equipos

On May 10, 2022, the Eleventh Civil Court of First Instance ruled on the preliminary objections raised by Lisa, S.A. in the damages lawsuit filed by Sistemas y Equipos, S.A. The court rejected five of Lisa’s six objections, including those based on lack of jurisdiction, defective filing, lack of standing, and prescription. However, it upheld the objection that the lawsuit was premature because Lisa’s exclusion as shareholder was still being challenged in a separate proceeding.

The court concluded that the damages claim could not proceed until Lisa’s exclusion became final. According to the ruling, under Article 228 of the Guatemalan Commercial Code, damages related to shareholder exclusion can only be pursued once the exclusion is judicially confirmed. Because Lisa had filed a pending opposition to its exclusion, the judge determined that the necessary legal condition had not yet been fulfilled. As a result, the court suspended further proceedings and ordered costs against Sistemas y Equipos.