Claims Over Dividend Prescription

Claims Over Dividend Prescription by Inversiones Empresariales

C. 01161-2018-00274 • Eleventh Civil Court • Guatemala

Claims Over Dividend Prescription by Inversiones Empresariales

This is an ordinary civil lawsuit filed by Inversiones Empresariales, S.A. against Lisa, S.A. The case concerned preliminary objections raised by Lisa, arguing that the claim was defective and that the dispute should not proceed in ordinary courts.

Decisions

Eleventh First Instance Civil Court
January 20th, 2020
Issues

Preliminary objections raised by Lisa, including lack of jurisdiction, defective claim, lack of legal standing, and failure to meet procedural conditions.

Ruling

The Court denied most of the objections but upheld the objection of defective claim. Consequently, it rejected the ordinary lawsuit filed by Inversiones Empresariales, S.A.

Effect

The ordinary lawsuit filed by Inversiones Empresariales was rejected.

Order

Rejects dividend prescription suit by Inversiones Empresariales

January 20, 2020Eleventh Civil Court

Conclusion

Lisa, S.A. prevailed. The Civil Court upheld Lisa’s objection of defective claim and rejected the lawsuit filed by Inversiones Empresariales. The court determined that the ordinary process was not the correct route, and the claim lacked the necessary legal requirements.