Claims Over Dividend Prescription by Pollo Rey
C. 01161-2018-01206 • Eleventh Civil Court • Guatemala
Claims Over Dividend Prescription by Pollo Rey
This is an ordinary civil lawsuit for extinctive prescription filed by Pollo Rey, S.A. against Lisa, S.A. The plaintiff requested a declaration that the obligation to pay dividends in favor of Lisa, S.A. had prescribed. Lisa raised preliminary objections challenging the admissibility of the claim.
Decisions
Lisa, S.A. filed preliminary objections including lack of jurisdiction (arbitration clause and foreign domicile), defective claim, lack of legal standing, lack of condition, and lack of term.
The Court upheld the objection of defective claim, finding that the lawsuit lacked clarity and essential documents.
The extinctive prescription action was dismissed at the preliminary stage and did not advance to trial.
Declares lack of jurisdiction, sends dividend prescription case to arbitration – Pollo Rey
Conclusion
The extinctive prescription lawsuit filed by Pollo Rey, S.A. against Lisa, S.A. was rejected in limine. The Eleventh First Instance Civil Court upheld Lisa’s objection of defective claim, ruling that the action lacked clarity and essential documents. As a result, Lisa, S.A. ensured that the case did not proceed.