Claims Over Dividend Prescription by Avícola Las Margaritas
Avícola Las Margaritas, S.A.
C. 01161-2018-01353
Summary
This case is an ordinary action for extinctive prescription filed by Avícola Las Margaritas, S.A. against Lisa, S.A.. The plaintiff sought a declaration that the obligation to pay dividends in favor of Lisa, S.A. was time-barred.
Decisions
Lisa raised preliminary exceptions: lack of jurisdiction, lack of standing of the plaintiff, defective claim, noncompliance with condition precedent, and failure of the time requirement.
The court rejected all exceptions except the defective claim exception, which it sustained. As a result, the court dismissed Avícola Las Margaritas’ lawsuit for defective filing, without costs.
The prescripción claim was procedurally rejected in first instance.
Avícola Las Margaritas appealed, arguing the trial court wrongly interpreted its articles of incorporation and misapplied procedural rules.
The Appeals Court rejected the appeal in full and confirmed the trial ruling that had dismissed the lawsuit for being defectively filed. It also ordered Avícola Las Margaritas to pay costs for the appeal.
The dismissal of Avícola’s prescripción lawsuit became final in the ordinary courts.
Conclusion
Avícola Las Margaritas attempted to extinguish Lisa’s dividend rights through prescription, but the claim was struck down as defectively filed. Both the trial court and the Court of Appeals dismissed the case, and Avícola was ordered to pay costs. This outcome constitutes a definitive victory for Lisa, S.A. in the ordinary courts, ensuring that its dividend rights cannot be cut off by this prescription attempt.