Claims Over Dividend Prescription by San José El Recuerdo
C. 01161-2017-00201 • Eleventh Civil Court • Guatemala
Claims Over Dividend Prescription by San José El Recuerdo
This is an ordinary civil lawsuit filed by San José El Recuerdo, S.A. against Lisa, S.A., seeking extinctive prescription of dividends. Lisa raised several preliminary objections. The Court denied most objections but upheld the objection of defective claim and rejected the ordinary lawsuit.
Decisions
Preliminary objections raised by Lisa: lack of jurisdiction, defective claim, lack of standing, failure of condition, and lack of term.
Objections of lack of jurisdiction, lack of standing, failure of condition, and lack of term were denied. The objection of defective claim was granted, and the ordinary lawsuit filed by San José El Recuerdo was rejected.
The ordinary lawsuit was rejected at the preliminary stage based on defective claim; proceedings in ordinary court did not continue.
Court dismissed dividend case by San José El Recuerdo
Conclusion
Lisa, S.A. prevailed at this stage. While the Court denied the preliminary objections of lack of jurisdiction, lack of standing, failure of condition, and lack of term, it granted Lisa’s objection of defective claim and rejected the ordinary lawsuit filed by San José El Recuerdo. As a result, the case did not proceed in the ordinary route.