Caso Avícola Villalobos
  • Guatemala
  • Panama
  • Records

Case File

Exp. 01161-2018-00312

Ordinary Action for Extinctive Prescription

Country
Guatemala
Group
Third-Party Intervenor
Plaintiff
  • Administradora de Restaurantes, S.A.
Defendants
  • Lisa, S.A.
  • BDT Investments Inc.

Documents

  1. OrderMar 20 2024
Overview

Exp. 01161-2018-00312

Latest update

/Mar 20 2024

In its <doc id="gua-01161-2018-00312-2024-03-20-a" /> of March 20, 2024, the Eleventh Civil Court admitted BDT Investments Inc. as a third-party co-litigant supporting Lisa, S.A., finding own and certain interest based on a transaction agreement.

Overview

Administradora de Restaurantes, S.A., an Avícola Villalobos Group entity, filed an ordinary civil action against Lisa, S.A. before Guatemala's Eleventh Civil Court of First Instance (Case No. 01161-2018-00312). BDT Investments Inc. petitioned for admission as a third-party co-litigant (tercero coadyuvante) on the defendant's side, demonstrating its own and certain interest through clause three of a transaction agreement executed between the parties. In its <doc id="gua-01161-2018-00312-2024-03-20-a" /> of March 20, 2024, the court admitted BDT as third-party co-litigant, formally incorporating it into Lisa's defense. The substantive issues of the lawsuit remain pending.

I. Intervention of BDT Investments Inc. as Third-Party Co-Litigant

In its <doc id="gua-01161-2018-00312-2024-03-20-a" /> of March 20, 2024, Guatemala's Eleventh Civil Court of First Instance admitted BDT Investments Inc. as a third-party co-litigant (tercero coadyuvante) in support of Lisa, S.A. in the ordinary proceeding brought by Administradora de Restaurantes, S.A., an Avícola Villalobos Group entity. The court examined the transaction agreement submitted by BDT and determined that clause three of the instrument establishes BDT's own and certain interest in the outcome of the proceeding, satisfying the requirements of Articles 56 and related provisions of the Code of Civil and Commercial Procedure governing third-party intervention. The court also recognized the representative's legal capacity and noted the professional assistance retained and the electronic notification address designated.

BDT's admission strengthens Lisa, S.A.'s position by ensuring that its aligned shareholder interests are formally represented in the proceeding. The substantive issues of the lawsuit remain pending.

Outlook

The substantive issues of the ordinary proceeding brought by Administradora de Restaurantes, S.A. against Lisa, S.A. remain pending.