Claim of Procedural Abuse by Avícola Las Margaritas
Avícola Las Margaritas, S.A.
C. 01049-2020-00099
Summary
This case is a summary action for extinctive prescription filed by Avícola Las Margaritas, S.A. against Lisa, S.A.. The plaintiff seeks a declaration that dividend obligations owed to Lisa, S.A. from shareholder meetings are time-barred.
Decisions
Lisa, S.A. raised three preliminary exceptions: (i) lack of jurisdiction by reason of territory, (ii) defective claim, and (iii) lack of compliance with the time period applicable to the right being claimed.
The court rejected all three exceptions. It held that Guatemalan courts are competent because the dispute involves acts and corporate agreements of a Guatemalan company, that the claim was clear enough to be admitted, and that Lisa’s arguments regarding suspension or interruption of prescription should be addressed in its answer to the claim, not as preliminary objections.
The case proceeds on the merits; Lisa’s attempt to block the claim at the preliminary stage failed.
Conclusion
The court dismissed Lisa’s preliminary exceptions and confirmed its jurisdiction to hear the case. The prescripción claim brought by Avícola Las Margaritas remains active and will proceed to the merits. Lisa must now defend substantively against the claim.