The Nungua Stool in the Greater Accra Region has sued the Attorney-General (A-G) and the Tema Development Company (TDC) at the Land Division of the Accra High Court, seeking an order for the release of 19.93 acres of land located at the Nungua Police Barrier for the construction of a hospital to serve the people in the area. The stool is also seeking an order of perpetual injunction to restrain the TDC from entering the land and from constructing any other structure on it because that would deprive Nungua of an intended hospital. It said Nungua was the only area which had developed into a municipal without regard to any health facility to serve the residents. Plaintiff Stool averred that the TDC intended to use the land to satisfy their parochial interests without regard to the general health needs of the residents within the Nungua Traditional Area, inspite of the fact that the subjects and the residents of Nungua were in dire need of hospital facilities. A statement of claim accompanying the writ said the Nungua Stool had on several occasions approached officials of TOC for the release of the land for the sole purpose of constructing a hospital. It said following discussions with the authorities of TDC and upon assurances that the land would be released for the construction of a hospital for the people of Nungua Traditional Area, drawings for the construction of the said hospital were prepared. In spite of promises to release the said land, the TDC had quietly leased the land to its grantees for other use different from the construction of a hospital. According to the plaintiff, the government had over the years provided public clinics or hospitals for the people of various traditional areas within Ghana and particularly for Ablekumah South and Tema districts, both within the Greater Accra Region. "It is only within the Nungua Traditional Area that there is no public polyclinic much less a general hospital and, therefore, the subjects and residents regard the phenomenon as discriminatory and contrary to the spirit and letter of the 1992 Constitution," they said. Plaintiff said that it was at a loss to comprehend the attitude of TOC in refusing to release the land and that it was also disappointed at the government, which has inter alia, constitutional responsibility for the general well-being' of citizens, for not initiating the release of the land to the people of Nungua for the construction of the hospital. The Nungua Stool is a Divisional Stool within the Ga Traditional Area and has stool lands attached to the stool, portions of which was compulsorily acquired and handed over to the then Tema Corporation, which became known as Tema Development Corporation and now Tema Development Company (TOe), principally for the development of a harbour and township. By its Establishment Instrument, TDC has the responsibility to prepare and execute housing schemes and maintain, manage and control any such housing scheme. TDC in pursuance of its mandate has prepared and indeed executed several housing schemes. TDC has also allotted plots to individuals to construct their own structures. Plaintiff said the government used part of the compulsorily acquired land to construct the Tema Harbour, Tema Oil Refinery, Accra-Tema Motorway, some former state-owned industries, as well as to established industrial estates for both public and private enterprises. Plaintiff averred that TDC was established under the authority of government and it was the government that compulsorily acquired part of Nungua Stool land yet TDC's attitude towards the Nungua Stool, subjects and residents was not only embarrassing to government but also discriminatory and the court must, therefore, compel both defendants to release the land to the Stool to be used in the public interest.