RE:RE:RE:Second court hearing to be held on 7/13/2022juanPeru wrote: Update:
Resolution 19 has just been uploaded. The case is back in the 6th Court, with judge Hermoza Castro, and, on August 12, Diego Ramirez withdrew his request (after collecting the corresponding "fee" I assume), so judge Hermoza Castro doesn't need to decided over that anymore. However, 4 other applicants (aparently members of a family) in
the process started by Ingemmet in 2020 have requested their inclusion in the process, this time as
liticonsortes instead of
coadyuvantes. A liticonsorte is like a codefendant, that is, a party that has the same rights as the defendants (Ingemmet and Minem) to participate in the appeal process to seek the nullity of the first court sentence.
But what caught my eye is the fact that Ingemmet has also requested the inclusion of
all (!) the applicants in the 2020 process as liticonsortes in the current appeal process. In other words, more than 30 different parties could soon be incorporated as liticonsortes, each of them with its lawyers, writings and pretensions (...)
Update:
Resolution 20 has just been uploaded. Judge Hermoza Castro has decided that there's no legal ground to justify the inclusion of any or all the 2020 applicants in the judicial process (shame on Ingemmet), so all the requests mentioned in my previous post have been declared unfounded and the appeal is being raised back to the 4th Court for the pending decision over Ingemmet's and Minem's appeals.
According to judge Hermoza Castro, the applicants were not parties in the administrative acts (the resolutions that declared and conffirmed the expiration of the 32 concessions) whose nullity is sought in the judicial process, so they shall not be incorporated as codefendants. Also, even tough the applicants started in November 2020 a process to obtain concessions over the disputed areas, there was never any assurance that said process would end up in the granting of new concessions; if they were not granted anything then they don't have anything to lose as a result of the judicial process.