Interrogatory: Court questioned Las Margaritas in Lisa’s damages claim

Issued on:October 23, 2024
Issued by:Fourteenth Civil Court
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Overview

On October 23, 2024, the Fourteenth Civil Court of First Instance conducted an interrogatory hearing in the case brought by Lisa, S.A. against Avícola Las Margaritas, S.A. The hearing involved the sworn testimony of Francisco Chávez Bosque, legal representative of Las Margaritas, who answered a set of prepared questions regarding unpaid dividends originally declared by Compañía Alimenticia de Centroamérica, S.A.—a company since absorbed by Las Margaritas. The judge confirmed that, under Guatemalan law, Las Margaritas inherited the obligations of the absorbed entity and must respond to claims related to it.

During the session, Avícola Las Margaritas confirmed several key points: Lisa, S.A. was entitled to dividends, and the administration had acknowledged this. The representative also stated that shareholders had the right to demand dividends if the board did not establish a payment schedule. He acknowledged that embargoes had been recorded in Lisa’s shareholder registration, though denied seeing specific annotations. He also argued that more than five years had passed between Lisa’s formal demand and the lawsuit, attempting to support a prescription defense. No further questions were raised by either party, and the session was formally closed.