Raja Azlan Shah J:

This is a motion to set aside an award of the arbitrator dated 27 June 1969 on the ground that the award, when compared with the issues raised in the plaintiffs' points of claim and the respondents' points of defence is bad on the face of it in that the arbitrator was guilty of misconduct, had erred in point of law, gave wrongful inferences of fact and finally that the award was uncertain.

The plaintiffs contracted with the defendants to execute and complete the development of the defendants' land at Sungei Berang, in the State of Perak, in accordance with the specifications, conditions, etc. attached to the contract. The scheme was known as the Sungei Berang Land Development Scheme Phase III and it covered an area of approximately 1,530 acres of jungle land. The work included felling, burning, stacking and reburning, terracing, holding, sowing of cover crops, planting seed-at-stake, maintenance of cultivated areas for six months afterwards and construction of jeep tracks. It was a condition of the contract that the work was to be carried out in accordance with the directions and to the reasonable satisfaction of the superintending officer (DW3). The pl